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Landlord Won't Return Your Deposit? Here's How to Get It Back

In the UK your landlord mustprotect your deposit in a government-approved scheme. In Ireland, the RTB holds it. If they're withholding it unfairly, the law is on your side.

The law

UK — Housing Act 2004

Every assured shorthold tenancy deposit must be placed in a government-approved Tenancy Deposit Scheme (TDS, DPS, or mydeposits) within 30 days. If it wasn't, your landlord cannot serve a valid Section 21 notice and you may be entitled to compensation of 1–3x the deposit amount.

Ireland — Residential Tenancies Acts

Since 2022, deposits in Ireland must be held by the Residential Tenancies Board (RTB). Landlords must return the deposit within a reasonable time at tenancy end, minus only legitimate, documented deductions for damage (not fair wear and tear).

Common unlawful deductions

Landlords frequently try to deduct for things they're not entitled to:

  • Fair wear and tear — scuffed walls, worn carpet, minor marks. Not deductible.
  • Professional cleaning — unless it was a specific clause and you left it unreasonably dirty.
  • Pre-existing damage — anything present at check-in (check your inventory).
  • Redecoration — landlords cannot charge for refreshing a property between tenants.

Step-by-step: how to get your deposit back

  1. 1

    Write a formal demand letter

    State the amount owed, cite the relevant law (Housing Act 2004 or Residential Tenancies Act), and explain why the deductions are unlawful. Set a 14-day deadline.

  2. 2

    Send it to your landlord or agent

    Email and post for a paper trail. Most landlords settle at this stage — a letter citing the law makes them realise you know your rights.

  3. 3

    Escalate if they ignore you

    UK:Raise a dispute with the deposit protection scheme (TDS, DPS, or mydeposits). If the deposit was never protected, apply to the county court for 1–3x compensation. Ireland: File a dispute with the RTB. The process is free and the RTB can order the full return of the deposit.

Time limits

  • UK: 6 years to claim in county court, but raise a scheme dispute as soon as possible.
  • Ireland: 28 days from tenancy end to raise a dispute with the RTB (extensions possible).

Generate your deposit demand letter for free

Describe the situation in plain English. FightBack writes a letter citing the Housing Act 2004 or the Residential Tenancies Act, names the right deposit scheme or the RTB, and sets the deadline.

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