Getting your tenancy deposit back if you rent privately

Summary

Not everyone's deposit needs to be protected. It doesn't need to be protected if, for example, you're a lodger or a student in halls. If your deposit should be protected but isn't, you might be able to claim compensation of 1-3 times the amount. You'll also get your deposit back, though there may be money taken off for any damage you've caused or if you owe rent. You'll have to go to court to get any compensation but you'll probably win your case if your landlord should have protected your deposit. Find out more about getting compensation if your landlord didn't protect your deposit. If you're not sure, you can find out if your landlord should have protected your deposit. If you agree about part of your deposit, your landlord or letting agent might send you the money you agree on straight away. For example, if your landlord wants to keep £100 of your deposit, you could ask them to send you the rest of the deposit straight away. If you can’t agree about some or all of your deposit, you might have to take your landlord to the small claims court to get your money back. You'll usually have to pay some court costs to go to small claims court but you should get them back if you win your.

Key information

• Not everyone's deposit needs to be protected. It doesn't need to be protected if, for example, you're a lodger or a student in halls.
• Check if your landlord has to protect your deposit if you're not sure.
• If your deposit should be protected but isn't, you might be able to claim compensation of 1-3 times the amount. You'll also get your deposit back, though there may be money taken off for any damage you've caused or if you owe rent.
• You'll have to go to court to get any compensation but you'll probably win your case if your landlord should have protected your deposit. Find out more about getting compensation if your landlord didn't protect your deposit.
• If you're not sure, you can find out if your landlord should have protected your deposit.
• If you agree about part of your deposit, your landlord or letting agent might send you the money you agree on straight away. For example, if your landlord wants to keep £100 of your deposit, you could ask them to send you the rest of the deposit straight away.
• If you can’t agree about some or all of your deposit, you might have to take your landlord to the small claims court to get your money back.
• You'll usually have to pay some court costs to go to small claims court but you should get them back if you win your case.
• If you lose, you might have to pay your landlord's costs - this could be for things like travel expenses and court fees.
• Talk to an adviser if you need help taking your landlord to court to get your deposit back.

Practical guidance

• Source: Getting your tenancy deposit back if you rent privately

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