Your tenancy has ended and your deposit has not been returned - what can you do?

What the law says

Sections 213 to 215 of the Housing Act 2004 require the landlord to protect the tenancy deposit and provide prescribed information. The schemes then control how return and dispute resolution work. The legislation does not give one universal return deadline for every situation, but the approved schemes generally require the undisputed amount to be released promptly once both sides agree. Where there is disagreement, the scheme holds or controls the disputed amount while evidence is considered.

Section 214 of the Housing Act 2004 remains important after the tenancy ends. If the landlord never protected the deposit or failed to provide prescribed information, you can claim the deposit and a penalty of one to three times the deposit. If the deposit was protected, the adjudicator decides deductions based on evidence and normal principles such as fair wear and tear and no betterment.

Step-by-step: what to do

1. Ask for the deposit back in writing and request a full deductions list with evidence.

2. Check which scheme holds the deposit and start the return request through the scheme portal.

3. Separate undisputed and disputed sums. Ask the landlord to release any undisputed balance immediately.

4. Upload evidence to the scheme: check-in inventory, check-out report, photographs, cleaning receipts, rent statements, and messages.

5. If the deposit was not protected, prepare evidence for a county court claim under section 214 instead of relying only on scheme adjudication.

Common mistakes to avoid

Do not accept deductions without evidence. The landlord must prove their loss. Do not miss the scheme dispute deadline, because some schemes close the free adjudication route after a set period. Do not treat fair wear and tear as your responsibility: ordinary ageing of carpets, paint, furniture, and appliances is the landlord's cost. Do not forget rent statements if the landlord says the deduction is for arrears.

• Ask for invoices or quotes for every deduction.
• Use the scheme portal, not only private messages.
• Keep the check-in inventory and end-of-tenancy photos.
• Challenge betterment where the landlord wants new-for-old replacement.

Related guidance

• Deposit checker
  Check whether deductions, protection, and return delay raise a legal issue.
• Unfair deposit deductions
  How to challenge cleaning, damage, rent, and replacement claims.
• Deposit protection guide
  Scheme disputes and county court options.
• The landlord is keeping the deposit without evidence
  What evidence the landlord needs for deductions.

Common questions

Your tenancy has ended and your deposit has not been returned - what can you do?

If the tenancy has ended, your deposit should be returned once you and the landlord agree the amount due. If the landlord wants deductions, they must justify them with evidence such as the tenancy agreement, inventory, photographs, invoices, or rent account. If the deposit is protected, use the scheme's free dispute service. If it was not protected, or the scheme route is unavailable, you can consider a county court claim for return of the deposit and any Housing Act 2004 penalty.

How long does the landlord have to return the deposit?

Once the amount is agreed, approved schemes generally require prompt return, commonly within 10 days. If deductions are disputed, the scheme dispute process controls the timetable.

Can the landlord keep the deposit for cleaning?

Only if the property was left less clean than at check-in and the landlord proves reasonable cleaning loss with evidence. The landlord cannot charge for betterment.

What if the landlord does not respond?

Use the scheme's single-claim or dispute process. If the deposit was not protected, get advice about a county court claim.

Can I claim a penalty after the tenancy ended?

Yes. Section 214 claims can be brought after the tenancy ends if the landlord breached the deposit protection or prescribed information requirements.