Tenants / Deposits
Your deposit is not the landlord's money.
By law your deposit must sit in a government-approved scheme — not with the landlord, and never with us. Here is exactly what that protects, and how you get it back.
The cap: 5 weeks, no more
By law, a deposit cannot exceed 5 weeks' rent (6 weeks if the annual rent is over £50,000). On a £1,300 monthly rent that is a maximum of £1,500. Anything above that line — a "pet deposit" stacked on top, an inflated first-month charge — is illegal, full stop.
Protection: the 30-day rule
Your landlord or agent has 30 days from receiving your deposit to place it in a scheme and send you the prescribed information: a certificate confirming where the money sits and how disputes get resolved. You can check protection independently any time on the three schemes' websites (DPS, TDS, mydeposits) using your name and postcode.
Getting it back
At the end of the tenancy, the landlord proposes any deductions with evidence — normally the check-in inventory compared against the check-out condition. You have the right to agree, negotiate, or dispute. If you disagree, the DPS runs a free adjudication: an independent person reviews the inventory, photos and correspondence and decides. No court, no fee.
What wins a dispute
Evidence, always. Photograph the property yourself on move-in day, especially anything already marked or worn — timestamp them, email them to yourself, keep them somewhere that survives a phone upgrade. If the property had a proper check-in inventory, your version and theirs should broadly agree. If they don't, that mismatch is exactly what an adjudicator resolves.
Deposit questions
How do I check my deposit is protected?
You should have received a certificate and "prescribed information" from the DPS within 30 days of paying it. If you never got one, ask your landlord in writing, then check directly at www.depositprotection.com using your name and postcode. An unprotected deposit is a serious breach on the landlord's part, not yours.
Can my landlord just keep it?
No. At the end of the tenancy the landlord can only propose deductions for actual loss — unpaid rent, damage beyond fair wear and tear, missing items. You have to be given the chance to agree or dispute before money is withheld.
What counts as "fair wear and tear"?
Ordinary use over time: faded curtains, worn carpet paths, small nail holes from pictures. Not fair wear and tear: burns, stains, breakages, or a property left unclean. The check-in inventory is what proves the difference.
What if we disagree on deductions?
You can use the DPS's free dispute resolution service instead of court. An independent adjudicator looks at the inventory, photos and correspondence and decides. It typically takes a few weeks and costs you nothing.
How much can be taken as a deposit in the first place?
A maximum of 5 weeks' rent (6 weeks if the annual rent is over £50,000). If you were asked for more, that is unlawful — get advice.
Can I use my deposit as my last month's rent?
No, and don't try — it puts you in arrears against the tenancy and complicates the deposit return. Pay rent as normal to the end; the deposit is returned separately afterwards.