When your tenancy ends, getting your deposit back can feel like a battle. Landlords sometimes refuse to return all or part of it. As a tenant, you have rights under UK law. If your deposit has been unfairly withheld, you can act. This guide shows what landlords must do, what counts as reasonable deductions, and what you can do if things go wrong.
What the Law Requires: Deposit Protection & Prescribed Information
If you have an assured shorthold tenancy (the usual private rented agreement), your landlord must protect your deposit in a government-approved Tenancy Deposit Protection (TDP) scheme (such as Tenancy Deposit Scheme, My Deposits, or DPS) within 30 days of receiving it.
Your landlord must also give you the “prescribed information” within that 30-day period. This includes which scheme holds the deposit, the deposit amount, how to get it back, and the dispute resolution process.
If the landlord fails to protect the deposit, or fails to provide the prescribed information, you may have stronger legal claims. For example, you can usually claim compensation (often up to three times the deposit) and challenge invalid eviction notices (such as Section 21) if these conditions are not met.
What Counts as Fair vs. Unfair Deductions
Depending on how long you have been renting your home, there is likely to be a certain level of usual wear and tear – that is just a part of life. Tenants should always be mindful of protecting their rented home as much as possible, reporting any damages promptly and taking extra care if the property is furnished.
Your landlord can deduct only for certain things.
What your Landlord CAN Deduct For:
- Unpaid rent or bills that you owed under the tenancy agreement
- Damage beyond “normal wear and tear” (e.g. broken window, large stains, holes). “Wear and tear” means small, gradual deterioration from everyday use
- Missing fixtures, fittings or furniture you agreed to keep in inventory, or other things you are responsible for under the tenancy
What Landlords CANNOT Deduct For:
- Replacing items simply because they are old, worn, or faded through reasonable use
- Improvement costs (making something better than it was), unless you explicitly agreed
- Repairs for damage the landlord should have fixed. For example, if a leak was reported but not fixed and caused damage
What You Should Do If Your Landlord withholds (or delays) Your Deposit
- Check the tenancy agreement & the inventory/check-in report.
Have you agreed what condition the property should be in? Do you have photos from move-in & move-out? Keep these as evidence.
- Find out if your deposit is protected in a TDP scheme.
Check with the landlord or agent. If you know which scheme, check its register online.
- Ask your landlord (politely but clearly) for a breakdown of any deductions.
Ask for invoices or quotes. Ask why damage claims are being made. Document all communication (copies, emails, letters, texts).
- Use the Dispute Resolution Service of the Deposit Scheme.
If there is a disagreement, the approved scheme (TDS, MyDeposits or DPS) offers a free, impartial dispute process. They will consider evidence from both sides, then decide who gets what back.
- Time limits matter.
You must raise the dispute promptly. Typically, there is a deadline after the tenancy ends. Don’t delay.
- Court action as a last resort.
If your deposit wasn’t protected, or the scheme’s dispute resolution can’t or won’t help, you may bring a claim in county court. If the landlord broke the requirements (protection or prescribed information), courts often award compensation.
Recent & Forthcoming Legal Updates to Know
The Renters’ Rights Bill is going through Parliament. It aims to strengthen deposit protections among other tenant rights reforms.
Rule changes around how landlords handle deposits, the time limits for returning them, and how schemes must deal with disputes are becoming clearer and stricter.
Local Blackpool Resources & Where to Get Advice
You do have rights if your landlord refuses to return your deposit. The law makes clear what they must do: protect your deposit, provide prescribed information, only make fair deductions. If your landlord doesn’t follow those rules, you can use the dispute process in the protection scheme, seek legal advice for how to action, or take them to court.
Keep evidence. Act quickly.
If you’re in Blackpool and facing a deposit dispute, you don’t have to go through it alone. Talk to Tim, our esteemed Litigation Lawyer, at Barker Booth & Eastwood. He cares about what’s fair. He’ll review your case, explain your options and help you get back what you’re owed. Contact Tim today on 01253 362500 or email info@bbelaw.co.uk to see how he can help.
Citizens Advice – free & confidential help with deposit disputes, letters, and court claims. (There is a local branch in Devonshire Square, Blackpool which is open Monday-Thursday, 9am – 5pm)
Blackpool Council – Housing Enforcement: for issues with landlord behaviour, safety or inadequate property condition.
