Getting your deposit back
There are new rules for Assured Shorthold tenancies (this includes most private tenancies) that started after 6th April 2007 that prevent your landlord from simply pocketing your deposit. Read Housing Deposits - the new rules for more details of the new law.
However if your tenancy started before that date you don't get this help so it's up to you to try and get back your deposit back yourself. Luckily, we're here to help. This practical guide explains the steps you need to take to make it easier to get your deposit back.
Joanne rented a small flat from a private landlord (a friend of a friend). Before she moved in, her landlord asked her to pay a month’s rent in advance and another month’s rent as a deposit to cover any damage. A year on, she told her landlord that she was moving out, gave in her notice, and asked for her deposit back. Her landlord promised to sort it out soon. After two months of her old landlord ignoring her phone calls, Joanne felt she was being ripped off, so she visited her local housing advice centre to find out what she could do. They advised her that she could take her landlord to Court to get her money back, but first she would have to write to ask him to pay back the money he owed. She didn’t get any response to her letter, but Joanne’s housing adviser helped her apply to Court, assisted her to fill in the court forms and told her what would happen. Joanne’s landlord didn’t even send the reply back to Court, so she didn’t have to turn up for a court hearing. The court made an order that the landlord had to pay her back the deposit, plus the court costs and interest. Her landlord grudgingly sent her a cheque for the full amount, with a letter asking her not to darken his door again.
Six months on, Joanne is moving again from her latest tenancy. Her new landlord won’t give her the deposit back. She goes back to the housing advice centre to get advice again...
Joanne may be a work of fiction, but this is a common problem. When you rent from a private landlord you will usually be asked to pay the equivalent of a month’s rent as a deposit when you move in. This is a large sum of money for anyone, and many people struggle to afford it. If you’re on a low income, like anyone who needs help from Housing Benefit to pay the rent, you’ve got very little chance of saving up for this. To make matters even more difficult, you often don’t have long term rights to stay in a property that you're renting from a private landlord. Over 2 years, you might have to move 2 or 3 times. So if you have problems getting your deposit back from the last landlord, you may have to get into debt to pay for the next one.
So, why do tenants have to pay a deposit?
A deposit is supposed to cover any costs the landlord suffers because the tenant doesn’t do what he or she is supposed to. So, if the tenant doesn’t pay the rent and leaves, the landlord could use the deposit to cover any missing rent payments (and then sue you if the deposit is not enough). If you damage the furniture or break a window, part of your deposit might pay for the repairs or replace the furniture. BUT, your landlord should only keep enough to pay for what’s needed: the rest should be returned to you when you leave. Most people will be asked to pay a month’s rent in advance, and a month’s rent as a deposit.
But what guarantee do you have to make sure you get your deposit back when you move out?
If you started your tenancy after 6th April 2007 your landlord has to join an authorised tenancy deposit scheme which will ensure you get a fair deal. But if your tenancy started before that date you don't have any guarantee.
Click on the menu on the right hand side of this page to read on...
"When I left my flat, I couldn't get my deposit back from my landlord.
I used the tracker tool to keep a record of when I sent letters to him, and to set reminders to remind me to send another letter a week later. It helped me keep track of what I'd done, and what I needed to do next. When he realised I wasn't going to go away, he finally paid my deposit back in full."
Sarah, Leeds
Advicenow Tracker Tool
The Tracker Tool is a free online service. You can use it to keep a record of the all the calls, meetings, letters, and notes that you have made about your problem.
If you need to get advice from a Citizens Advice Bureau, law centre or solicitor, or you need to go to court, the information you have recorded could make a big difference to your situation.
Please see our Terms and Conditions of Use.
We welcome your feedback and suggestions for improvements please see our comment box below.
Developed with funding from the Invest to Save Budget (ISB).
