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Deposit9 min read

How Long Does a Landlord Have to Return a Deposit?

The deposit must be repaid within 10 days of you and the tenant agreeing the amount — and silence does not count as agreement.

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TL;DR — quick answer

The deposit must be repaid within 10 days of you and the tenant agreeing the amount — and silence does not count as agreement.

When a tenancy ends, "how long do I have to give the deposit back?" is one of the most-searched landlord questions — and one of the most misunderstood. The answer is not "within 10 days of the tenant moving out". It is within 10 days of you and the tenant agreeing how much comes back. Those are very different clocks, and mixing them up is how landlords end up accused of holding a deposit too long.

This guide is the plain-English version: exactly what starts the 10-day clock, what you can lawfully take off, what happens if you cannot agree, and how the whole thing runs differently depending on which scheme holds the money.

This is guidance, not legal advice. Deposit rules are set by the Housing Act 2004 and your scheme's terms — check your scheme and GOV.UK for your own situation.


The 10-day rule, precisely

Once you and the tenant have agreed the amount to be returned, the deposit (or the agreed portion of it) must be repaid within 10 calendar days of that agreement.

The key word is agreed. The clock does not start when the tenant moves out; it starts when there is an actual agreement on the figure. So if the tenant leaves on the 1st but you do not settle the deductions until the 20th, you have until the 30th to pay — and you are not "late" for the first 19 days, because there was nothing agreed yet.

One trap: silence is not agreement. If you email the tenant proposing deductions and they never reply, that is not them agreeing — it is an open dispute. Agreement means the tenant has clearly confirmed, usually in writing, that they accept the figure.


What you can lawfully deduct

You can only take money off for a genuine loss you can evidence. In practice that is:

  • Unpaid rent or bills the tenant owes at the end.
  • Damage beyond fair wear and tear — not the normal ageing of carpets and paint, but actual damage.
  • Cleaning to bring the property back to the standard recorded at check-in, if the tenant left it worse.
  • Missing items listed on the inventory.
  • Every one of those turns on evidence, which means the check-in inventory and the check-out report are what actually win or lose the money. A dated, photographed inventory that both sides signed is the difference between a deduction that sticks and one an adjudicator throws out. "It looked worse than before" without a check-in record almost always fails.


    What happens if you cannot agree

    If the tenant disputes your deductions, you do not get to just keep the money, and you should not sit on the whole deposit either. Two things happen:

    1Repay the undisputed part. If you are keeping £300 of a £900 deposit and the tenant only disputes the £300, the other £600 is agreed — pay it within the 10 days. Holding the whole £900 because part is in dispute is itself a breach.
    2Use the scheme's free dispute resolution. All three schemes — TDS, DPS and mydeposits — offer free adjudication (ADR). You submit your evidence, the tenant submits theirs, an independent adjudicator decides. Their decision is based on the inventory and evidence, which is why the paperwork matters more than the argument.

    Custodial vs insured: who actually holds the money

    How the return happens depends on which type of scheme you used:

  • Custodial (the scheme holds the money — e.g. the DPS free scheme). The money already sits with the scheme. After the tenancy ends the tenant can log in and request it back, which notifies you; you agree or propose deductions, and the scheme releases the agreed amount. You are never holding the cash.
  • Insured (you hold the money, the scheme insures it — e.g. TDS Insured, mydeposits Insured). You keep the deposit in your own account during the tenancy and pay it back yourself within the 10 days of agreement. The 10-day discipline is entirely on you here.
  • Either way the 10-day-from-agreement rule applies; the difference is just whether the money is in your account or the scheme's.


    Get this wrong and it is not just the deposit

    The return timeline sits on top of the protection rules, and those carry the real teeth. If the deposit was never protected, or the Prescribed Information was never served, a tenant can claim one to three times the deposit and you lose the ability to use certain possession grounds until it is put right. A slow return on a properly protected deposit is a smaller problem than a deposit that was never protected correctly in the first place — but both are avoidable with a system that tracks the dates.

    How LetCompliance helps: the deposit, its protection deadline, the check-in inventory and the check-out evidence all sit on the same tenancy, so when it ends you have the record an agreement (or an adjudicator) is built from — and the 10-day clock is one you can actually see.

    Sources

  • GOV.UKTenancy deposit protection
  • ShelterHow long for a deposit refund
  • Free PDF · instant by email

    First-Day Tenant Document Pack Checklist (England 2026)

    Every document a UK landlord must give a new tenant on day one, with the statute, the deadline and the evidence rule for each.

    • Gas Safety, EICR, EPC, Deposit Prescribed Information, the written statement of terms
    • RRA Information Sheet (31 May 2026 duty)
    • Tenant Privacy Notice (UK GDPR)
    • Tribunal-grade service-proof checklist

    We only add you to the tips list if you tick the box, and you can unsubscribe in one click.

    Frequently asked questions

    How long does a landlord have to return a deposit after a tenancy ends?

    10 calendar days from the point you and the tenant agree how much is being returned — not 10 days from when the tenant moves out. If you agree the deductions on the 20th, you have until the 30th to pay. If part is agreed and part is disputed, you must return the agreed part within the 10 days rather than holding the whole deposit.

    Does the deposit clock start when the tenant moves out?

    No. The 10-day deadline runs from the moment there is an agreement on the amount, not from the end of the tenancy. And silence is not agreement — if you propose deductions and the tenant never replies, that is an open dispute, not acceptance, so the 10-day clock has not started; you use the scheme’s free dispute resolution instead.

    What can a landlord deduct from a deposit?

    Only a genuine, evidenced loss: unpaid rent or bills, damage beyond fair wear and tear, cleaning to bring the property back to the check-in standard, and missing inventory items. Every deduction turns on the check-in inventory and check-out report — a deduction with no dated, signed evidence usually fails at adjudication.

    What if the tenant disputes the deductions?

    Return the undisputed part within the 10 days, then use your scheme’s free dispute resolution (ADR) for the rest. TDS, DPS and mydeposits each provide independent adjudication based on the evidence both sides submit. You cannot simply keep a deposit because part of it is disputed.

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