How Long Does It Take to Get Your Tenancy Deposit Back?

When a tenancy ends, the process for getting your deposit back from a Deposit Protection Scheme (DPS) depends on a few factors, including how quickly both you and your landlord agree on the amount to be returned. Here's what you need to know about the timeline and process for getting your deposit back:

1. Timeframe for Return of Deposit

By law, once the tenancy ends, your landlord or letting agent must return your deposit within 10 days of both parties agreeing on how much of the deposit will be returned. This 10-day period starts after the landlord and tenant have agreed on any deductions (if applicable) or if the full deposit will be returned.

• No Deductions: If there are no deductions, and both parties agree, the deposit should be returned within 10 days of that agreement.
• With Deductions: If deductions are proposed by the landlord (e.g., for unpaid rent or damages), both parties must agree on the amount to be withheld before the remaining deposit is returned.

2. Deposit Disputes

If you and your landlord cannot agree on the amount to be returned, either party can raise a dispute with the Deposit Protection Scheme that holds the deposit. Each deposit protection scheme offers a free dispute resolution service to handle disagreements over deposit returns.

• The tenant or landlord must submit evidence (e.g., photos, invoices, or inventory reports) to support their claim.
• The dispute resolution process can take longer, typically 1-2 months, depending on the complexity of the case and the speed of submitting evidence.

3. How the Deposit Protection Scheme Works

The three government-approved schemes for protecting deposits in England and Wales are:

• Deposit Protection Service (DPS): A custodial scheme where the deposit is held by the DPS.
• MyDeposits: An insurance-based scheme where the landlord or agent holds the deposit.
• Tenancy Deposit Scheme (TDS): Another insurance-based scheme with similar protections.

If your deposit was placed in one of these schemes, you will be able to track the progress of your deposit return and resolve disputes through their respective online systems.

4. How to Get Your Deposit Back: Steps for Tenants

1. Request Deposit Return: Once your tenancy ends, ask your landlord or agent to return your deposit, highlighting that you expect it back within 10 days of agreement.

2. Review Deductions: If your landlord proposes deductions (e.g., for damages or cleaning costs), carefully review the reasons and ask for receipts or proof of costs.

3. Agree or Dispute:

   • If you agree with the deductions, your landlord will return the remaining deposit within 10 days.
   • If you disagree, raise a dispute through the deposit protection scheme.

4. Submit Evidence: If a dispute arises, submit any relevant evidence to the deposit scheme (such as tenancy agreements, inventory check-in/check-out reports, photos, and communication logs with the landlord).

5. Deposit Protection Legal Requirements

Your landlord is legally required to:

• Protect your deposit in one of the government-approved schemes within 30 days of receiving it.
• Provide you with details of the scheme (called the Prescribed Information).
• Return your deposit, minus any agreed deductions, within the legal timeframe after the tenancy ends.

Conclusion

In most cases, you should expect to receive your deposit back within 10 days of reaching an agreement with your landlord. If there's a dispute, the process may take longer, but the deposit protection schemes offer a structured dispute resolution service to help both parties reach a fair outcome.

If you encounter delays or disputes, Fraser Bond can help you navigate the process and ensure you get back what you are entitled to.