Skip to main content

Deposit Return Deadline — 10 Days After Agreement

By GetRighted Legal Research TeamLast updated July 2026

Summary

Where both you and your landlord agree on how the deposit should be apportioned at the end of the tenancy, tenancy deposit scheme rules require the deposit to be released within 10 days. Where there is a dispute, either party can raise it with the scheme's Alternative Dispute Resolution (ADR) service — which is free and binding. If the ADR route is unavailable or the landlord bypasses it, a county court small claims application is the alternative. The deposit must not be withheld for longer than is reasonably necessary to resolve a genuine dispute.

Deposit Return Timeline

What should happen after your tenancy ends:

  1. 1Tenancy end: Landlord must inspect and provide itemised deduction list promptly
  2. 2Within 10 days of agreement: Scheme releases deposit to agreed split
  3. 3If disputed: Either party raises ADR with the deposit scheme
  4. 4ADR evidence submission: Both parties submit evidence within scheme's deadline
  5. 5ADR decision: Binding; scheme releases funds within 10 days of decision
  6. 6If scheme ADR unavailable: County court small claims (up to £10,000)

If Your Landlord Is Delaying Return

A landlord who withholds the deposit indefinitely without raising a formal dispute with the scheme is in breach of the scheme rules. Contact the deposit scheme directly and request that they intervene. If the landlord fails to respond to a scheme's contact, the scheme may release the deposit to you. Do not accept that 'it is being processed' indefinitely — the 10-day rule is a scheme obligation.

What to Do If Your Deposit Is Being Withheld

Steps when the deposit is overdue:

  • Identify your scheme from your Prescribed Information letter or scheme websites
  • Log into the scheme's online portal and check the deposit status
  • If landlord has raised deductions you dispute: initiate ADR with the scheme
  • Gather your check-in and check-out evidence: photos, inventories, receipts
  • Submit ADR evidence within the scheme's deadline — typically 14 days from notification
  • If no scheme ADR available: issue a county court small claims claim

Scheme Rules and Legislation

Housing Act 2004, s.213(3)(b): the scheme must make provision for the deposit to be repaid at the end of the tenancy in accordance with any agreement between the landlord and tenant. Tenancy Deposit Scheme (TDS) rules: either party may refer a dispute to ADR within 3 months of the tenancy end date. Deposit Protection Service (DPS) rules: disputes must be raised within 3 months. Missing the scheme's dispute deadline may leave county court as the only remaining route.

Sources

  1. Housing Act 2004, Section 213
  2. Tenancy Deposit Scheme rules
  3. Deposit Protection Service rules
  4. MyDeposits scheme rules

Frequently Asked Questions

The landlord agreed to return my deposit but has not done so after 3 weeks — what now?
Contact the deposit scheme directly. If both parties agreed on the amount, the scheme should release it within 10 days of agreement. A 3-week delay with no scheme action is a scheme compliance failure. Log in to your scheme account or call their helpline to chase the release.
My landlord raised deductions the day after the tenancy ended — is that normal?
Yes, landlords typically raise deductions shortly after a check-out inspection. You have the right to dispute any deduction you consider unfair through the scheme's ADR. Submit your evidence — particularly check-out photographs — within the scheme's evidence submission deadline.
What is the ADR time limit for raising a dispute with the scheme?
Most schemes require the dispute to be raised within 3 months of the tenancy end date. Missing this window typically closes the ADR route, leaving county court as the only option. Act promptly.
Can I claim interest if my deposit is returned late?
The Housing Act 2004 penalty regime (1–3x deposit for non-protection) does not apply to delayed return — it applies to non-protection. For delayed return of an agreed amount, you can include a claim for statutory interest at 8% per annum from the agreed return date in a county court claim under Late Payment of Commercial Debts Act 1998 principles.

Related

  • housing-act-2004-s-213
  • housing-act-2004-s-214

Got a ticket? Find out if you can win.

GetRighted checks your situation against all known defenses — free in under 2 minutes.

Check My Ticket