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Can a Landlord Take Unpaid Rent From Your Deposit?

Yes. Your landlord can keep some or all of your deposit for unpaid rent when your tenancy ends. The amount must be agreed with you, or decided by the deposit scheme if you dispute it, and your tenancy agreement should allow it.

When a landlord can deduct unpaid rent

Shelter England says your landlord can keep your deposit for unpaid rent when your tenancy ends. The deposit schemes treat it as a normal claim. TDS lists “rent arrears” as a deduction, mydeposits lists “outstanding rent”, and the DPS sets out the evidence a landlord needs for a rent arrears claim.

A few conditions matter:

  • Your tenancy agreement. TDS says the adjudicator will start by looking at the deposit clause. If there is no deposit use clause, it is unlikely the adjudicator will make an award to the landlord.
  • Proof of what’s owed. The DPS says a rent account statement helps the adjudicator see what was owed, what was paid and what was missed.
  • A reasonable amount. Shelter says deductions must be reasonable and relate to money the landlord has lost.

Shelter also says you are responsible for paying rent until you end your tenancy properly. If you leave without doing so, you’ll probably lose some or all of your deposit. See how much notice you need to give.

What happens at the end of the tenancy

  1. Your landlord proposes deductions. With the DPS, the landlord or tenant can start a repayment request. You’ll be asked to agree or give reasons why you disagree.
  2. You check the figures. Compare the landlord’s rent statement with your bank statements. Shelter says you can use bank and benefit statements, a rent book or emails to prove what you have paid.
  3. You agree, or you dispute. GOV.UK says your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

For more on timings, see when do you get your deposit back.

If you disagree with the amount

Every deposit scheme offers free dispute resolution if you and your landlord can’t agree. The DPS says it’s free to use and avoids the need for court action. GOV.UK says your deposit stays protected in the scheme until the dispute is sorted out.

Your best evidence in a rent dispute is a clear record of every payment. Send the adjudicator your bank statements and any messages where your landlord agreed to a change in rent or a payment plan.

Unpaid rent is different from damage. Your landlord can’t keep your deposit for fair wear and tear, and Shelter says they can only keep it for unpaid bills if it has cost them money.

Don’t skip your last month’s rent

It can be tempting to stop paying in your last month and let the deposit cover it. Shelter says you should pay your rent on the normal date unless you agree something else with the landlord. If you do not pay, your landlord can keep your deposit to cover the rent.

The risks:

  • You are in rent arrears for your final month.
  • Your deposit is no longer there to cover anything else, such as cleaning or damage.
  • If the deposit doesn’t cover everything, you still owe the rest.

If money is tight, talk to your landlord before the rent is due. Get any agreement in writing.

Worked example (fictional)

Jo rents a flat in England for £1,100 a month. Her deposit is five weeks’ rent.

  • Weekly rent: £1,100 × 12 ÷ 52 = £253.85 (rounded)
  • Deposit: £1,100 × 12 ÷ 52 × 5 = £1,269.23
Scenario Deposit Agreed deductions Jo gets back
A: £550 of rent unpaid £1,269.23 £550.00 £719.23
B: skips last month (£1,100) and owes £180 for cleaning £1,269.23 £1,280.00 £0, and she still owes £10.77

In scenario A, £1,269.23 − £550.00 = £719.23. In scenario B, £1,100 + £180 = £1,280.00, which is £10.77 more than the deposit. Jo loses the whole deposit and still owes money. All figures are fictional.

Check your own numbers

Use the tenancy deposit calculator to work out your deposit and see what’s left after any deductions. Deposit rules differ outside England: see Scotland and Wales.

Sources

This guide is general information, not legal or financial advice. Report a possible error.