Deposits

Most private landlords must register your deposit with a deposit protection scheme and send you information about the scheme within 30 days. This is a law created to make sure landlords don’t unfairly keep your money. If they don't comply with the law you could take them to court for up to three times the amount of the deposit.

**If you're sharing a house with your landlord then you are a lodger and your deposit cannot be protected. However, if you're living with the family member of your landlord then in most circumstances the deposit should still be protected.**

If you suspect your deposit hasn't been protected check with each of the schemes to see if they have any record of you. You can find information about the schemes at these links:

• Deposit Protection Service (Custodial and Insured)
• MyDeposits
• Tenancy Deposit Scheme (Insured) and Tenancy Deposit Scheme (Custodial)

Shelter has a useful deposit checker page to help you.

If your deposit isn't protected by any of these schemes and/or you're not sure whether it should be, come and see ASK.

Make sure there's an inventory and take plenty of photos of the house at the start of your tenancy – this shows what was there when you moved in and if anything was already dirty or broken so your landlord can’t blame you later and try to keep your deposit.

You can make your own inventory if the landlord doesn't arrange one. Try to get the landlord to sign it along with everyone who lives in the house - if the landlord refuses to sign, get an independent witness to sign instead.

Shelter has more information about inventories and a useful inventory template to help you make your own.

When you move out take more photos and keep proof of payment for any goods or services you used to show you left the house in a good, clean condition.

Your landlord should return your deposit within 10 days of you both agreeing how much will be given back. 

If anything is broken or you owe money they can deduct it from the deposit but if you think the landlord is unfairly keeping your money you can contact the deposit protection scheme for help.  Don’t wait too long - you can only use the scheme for 3 months after your tenancy ends.

If your deposit hasn't been protected or you can no longer use the scheme, get in touch with ASK for support.

Some landlords also ask for a different type of deposit - a holding deposit. Holding deposits are paid to reserve the property before signing the tenancy agreement and they will not be protected by a scheme.

The landlord is entitled to keep this money if you pay the holding deposit then change your mind about renting the property; however, you should get your money back if the landlord changes their mind unless you gave false information about yourself.

If you enter into the tenancy the holding deposit will be refunded, usually by reducing the first rent payment, or the landlord could turn it into the security deposit and properly protect it in a scheme.

Gov.uk website has more information about deposits and the protection schemes.

Shelter - a housing and homelessness charity that is a great resource and has its own helpline.

Citizens Advice website has a section about getting your deposit back.