The question · from "Sam" · My deposit isn't being returned
I moved out of my flat three weeks ago after three years. The deposit was £1,150. The landlord has emailed to say he's keeping £780 for "cleaning and repainting". The flat was clean when I left and I have photos. At the start there was no proper inventory, just a few photos he took on his phone. I never got anything about a deposit scheme. What can I do?
The reply · two days later
Dear Sam,
Thanks for setting it out so clearly. The short answer is that you're in a stronger position than you might think. Here's why, and what I'd do.
1. Was your deposit protected?
Your landlord had to put your deposit in a government-approved scheme within 30 days of taking it, and send you details of the scheme. You can check all three schemes online with your name, postcode and the deposit amount: the Deposit Protection Service, mydeposits and the Tenancy Deposit Scheme.
2. If it wasn't protected
Then the court can order the landlord to pay you back the deposit, plus a penalty of between one and three times the deposit (here, between £1,150 and £3,450). That's a strong lever. Most landlords settle quickly once it's pointed out.
3. If it was protected
Then the scheme has a free dispute service. You don't need to go to court. The landlord has to show evidence for each deduction, and an adjudicator decides.
- After three years, scuffs and faded paint are normally "fair wear and tear". A landlord can't charge you for that.
- With no proper check-in inventory, it's hard for him to prove the flat was in better condition when you moved in.
- Your move-out photos matter. Keep them, with the dates.
What I'd do this week
- Check the three scheme websites.
- Email the landlord, politely, asking for (a) the name of the scheme your deposit is in, and (b) an itemised list of deductions with receipts or quotes. Give him 14 days.
- If it turns out it wasn't protected, write back to me before you do anything else and I'll explain the next step.
Keep everything in writing from now on. No phone calls you can't later prove.
Best wishes,
Legal Counsel
This is general legal information based on what you've told me, not regulated legal advice.