Step by Step Guide to Claiming your Deposit Back
1. Evidence
Collect your evidence together to prove to the landlord you have

Cleaned the property and left it in a reasonable condition (photos etc.)

Made sure your rent is up to date

paid any outstanding bills

Got your inventory to show the condition/ any issues from when you moved into
the property

Receipts for the amount of deposit you paid
(This may be useful if you have to take court action)
2. Ask for your deposit back
We advise you to do this in writing; the landlord should let you know if they are
making any deductions from the deposit and should refund the difference. You might
need to write another letter asking for a breakdown of the costs.
You should give your landlord/agent 14 working days to respond to your letter, send it
via recorded delivery and keep a copy.
See below for a copy of a sample letter.
Here is a sample letter that you could use:<Your address>
<Your town/city>
<Your postcode>
<Date>
<Your landlord’s name and address>
Dear <your landlord’s name>,
Re: Return of deposit
I am writing concerning the deposit I paid for <address of property>, as I am not happy that my
deposit of <£XX> has not been returned/only <£XX> of my deposit of <£XX> has been returned.
<delete as appropriate>
As I left the property in good condition, I'd be most grateful if you could send a written breakdown
explaining why this money has been withheld, including any relevant receipts.
<If you paid this to a letting agency rather than the landlord direct, add:>
The deposit was initially paid it to the letting agent acting on your behalf, but as
the landlord you are responsible for returning it.
I am prepared to pay for the following damage to the property caused while I was living there: <list
any damage you are prepared to pay for – if none of the damage was caused by you, delete this
sentence>. I am not prepared to pay for <expenses you're not prepared to cover>. Explain
reasons why the deposit should be returned to you. Remember that your landlord only has the
right to keep your deposit if s/he has suffered a financial loss, eg because of unpaid rent, missing
items, damage to the property or cleaning costs. Examples of issues you may want to point out
include:
 Tenants are not responsible for normal ‘wear and tear’.
 Landlords cannot deduct money for damage caused before you moved in.
 Even if a tenancy agreement says that cleaning must be carried out to a professional
standard before tenants move out, this does not mean that the accommodation has to be
as clean as or cleaner than at the start of the tenancy.
 Landlords can only deduct as much as is needed to repair or replace what tenants have
damaged on a 'like for like' basis. For example, if a tenant breaks an old armchair, s/he
shouldn't have to pay for a brand new one.
 Landlords cannot normally deduct costs for re-letting the property such as advertising or
agency fees. This would only be possible if the tenant leaves without ending the tenancy
properly.
<Even if your landlord has a valid reason for keeping part of your deposit the rest of it
should be returned.>
Please send a cheque for the full amount of my deposit to the above address. If you are not
prepared to do so, please confirm your reasons in writing, itemising any financial losses you
believe you have suffered.
I look forward to your reply within fourteen days.
Yours faithfully
<Your signature and name>
Contact telephone number: <your number>
3. Reminder letter
If your landlord doesn't reply send a reminder letter including a copy of the original
letter that you sent. Again send it via recorded delivery and keep a copy. Here is a
copy of a sample letter:
<Your address
Your town/city
Your postcode>
<Date>
<Your landlord’s name and address>
Dear <your landlord’s name>,
Re: Return of deposit
<Depending on your landlord’s response to your first letter, you could say>
I have not had a reply to my letter to you dated <insert date of letter> and so I am repeating my
request that you return the deposit that I paid for the accommodation at <insert relevant address>.
<or>
I received your letter in which you <only partially returned/failed to return> my deposit. I would like
to explain why I think your reasons are wrong.
<Explain reasons.
 Your landlord only has the right to keep your deposit if s/he has suffered a financial loss,
for example because of unpaid rent, missing items, damage to the property or cleaning
costs. Examples of issues you may want to point out include:
 Tenants are not responsible for normal ‘wear and tear’.
 Even if a tenancy agreement says that cleaning must be carried out to a professional
standard before tenants move out, this does not mean that the accommodation has to be
as clean as or cleaner than at the start of the tenancy.
 Landlords can only deduct as much as is needed to repair or replace what tenants have
damaged on a 'like for like' basis. For example, if a tenant breaks an old armchair, s/he
shouldn't have to pay for a brand new one.
 Landlords cannot normally deduct costs for re-letting the property such as advertising or
agency fees. This would only be possible if the tenant leaves without ending the tenancy
properly.
 Even if your landlord has a valid reason for keeping part of your deposit the rest of it should
be returned. You can also ask to be shown receipts or estimates for costs that have been
deducted from your deposit.>
I therefore repeat my request that the deposit of <enter amount> be returned to me. I look forward
to your reply, which should be accompanied by a cheque to cover the balance of the deposit I paid
you, within fourteen days of the date of this letter.
If I do not receive the amount outstanding within fourteen days, I regret that you will leave me with
no alternative but to take action to recover the deposit.
Yours faithfully
<Your signature and name>
Contact telephone number: <your number>
4. If your landlord replies informing you that they have deducted
money from the deposit
If you agree with them, then you do not have to anything else.
If you disagree with all/some of the deductions, write to the landlord disputing the
deductions and charges if they seem unreasonable;




Asking them to send you a breakdown of all deductions costs etc.
which costs you do not accept
the reasons why you do not accept them
The amount of money you think should be returned to you.
Give your landlord/agent 14 working days to respond, send it via recorded
delivery and keep a copy.
5. If the landlord refuses to refund your deposit
Contact the tenancy deposit scheme as they have an alternate dispute resolution
service, who will decide if the deductions are justified or not. Within 30 days of
receiving a deposit the landlord or agent must give the tenant the details about how
their deposit is protected including:

the contact details of the tenancy deposit scheme selected

the landlord or agent’s contact details

how to apply for the release of the deposit

information explaining the purpose of the deposit

what to do if there is a dispute about the deposit
However, both the landlord and the tenants have to agree to use the
service. Use of the scheme’s ADR service is not compulsory, and you
could skip to step 6, but their purpose is to avoid disputes ending up in
court.
You can check to see if your deposit has been protected on Shelter's website:http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_sc
hemes/deposit_protection_and_tenancy_deposit_schemes
6. Court Action
If you don't get a reply or your landlord still won't give you your deposit back then
you could take your landlord to court to try to get your money back.
Court action to recover tenancy deposits is straightforward, and takes place in the
county court, so you won't need a solicitor. You may not even have to go to a court
hearing at all - your landlord may return your tenancy deposit when made aware you
are considering court action. However, court should only be used as a last resort and
you would have to inform your landlord in writing (this is called a Letter before
Action) that you intend on taking court action.
If you are considering this- please contact the advice centre for
further advice.
Sheffield Hallam Student's Union Advice Centre, The HUBS, Paternoster Row, Sheffield, S1 2QQ
 (0)114 225 4148
advicecentre@shu.ac.uk
The contents of this fact sheet are for information only.