Letting agent fees and deposit disputes: TDS, MyDeposits, DPS - which scheme covers you?
Every deposit must be in TDS, MyDeposits or DPS within 30 days. Each runs a free dispute service. The Tenant Fees Act 2019 also bans most agent fees - here's how to claim back what you shouldn't have paid.
You moved out three weeks ago. The landlord (or letting agent) is keeping £600 of your deposit for "cleaning", "wear and tear", and a "refresh of the carpets". You disagree, the agent stops replying, and a year of saving feels like it's vanishing. Stop. Your deposit is protected by one of three government-backed schemes, each with a free dispute resolution service. Here's how to get it back.
What the law says
The Housing Act 2004 (sections 212-215) requires every deposit on an Assured Shorthold Tenancy in England and Wales to be protected within 30 days of receipt in one of three schemes:
- Tenancy Deposit Scheme (TDS)
- MyDeposits
- Deposit Protection Service (DPS)
You should have received "prescribed information" within those 30 days telling you which scheme holds your deposit. If your landlord didn't protect the deposit or didn't give you the prescribed information, you can claim 1-3 times the deposit amount back through the County Court (Housing Act 2004, s.214).
Each scheme also offers a free, impartial Alternative Dispute Resolution (ADR) service. You submit your evidence (photos, inventory, check-out report, communications), the landlord submits theirs, and an adjudicator decides. Decisions are binding and the scheme releases the disputed money based on the outcome.
The Tenant Fees Act 2019 separately bans most fees that letting agents and landlords used to charge:
- Banned: admin fees, referencing fees, check-in/check-out fees, inventory fees, "renewal" fees
- Permitted: rent, refundable tenancy deposit (capped at 5 weeks rent for tenancies under £50k/year), refundable holding deposit (one week's rent), default fees in narrow circumstances
If you've been charged a banned fee, you can claim it back, and the agent or landlord faces fines of £5,000 (rising to £30,000 for repeat offences).
Step-by-step: how to claim your deposit back
- Find which scheme holds your deposit. Check the prescribed information you should have received. If you didn't, search each scheme's online tenant lookup using your tenancy details.
- Try direct negotiation first. Send the agent a clear, itemised challenge to each deduction. Often the deductions soften when you push.
- If they won't agree, raise a dispute through the scheme's ADR service. The scheme freezes the disputed amount until adjudication.
- Build the evidence pack:
- Move-in photos with date stamps
- Move-out photos
- Check-out report
- All communications with the agent
- Any deposit receipts
- Use our rental deposit tool to structure your case.
Letter snippet (for the deposit dispute)
Dear [LANDLORD / AGENT],>
Re: Deposit refund - [TENANCY ADDRESS]>
My tenancy ended on [DATE] and you propose to deduct £[AMOUNT] from my deposit of £[ORIGINAL AMOUNT]. I dispute the following deductions:>
- £[X] for [ITEM]: [reason it's not reasonable - e.g. fair wear and tear, present at check-in, not supported by evidence]>
- £[X] for [ITEM]: [reason]
Please return £[CONTESTED AMOUNT] within 14 days. Failing that, I will raise a formal dispute through [TDS / MyDeposits / DPS] using the free ADR service.>
If the deposit was not properly protected, I reserve the right to claim 1-3 times the deposit amount under section 214 of the Housing Act 2004.>
Yours faithfully,[NAME] - former tenant of [ADDRESS]
If they say no
The scheme's ADR is free and binding. Most landlords and agents respect the outcome. If they don't, the scheme releases the money in line with the decision.
If the deposit was never protected, or you weren't given the prescribed information, you can issue a claim at the County Court for the deposit plus 1-3 times its value as a penalty. Most cases settle once proceedings are issued.
For banned-fee claims under the Tenant Fees Act, complain in writing to the agent first. If they don't refund, your local council's Trading Standards team enforces - and you can also pursue at the First-tier Tribunal (Property Chamber).
For wider rental disputes, see our letting agent fees tool and renters rights tool.
FAQs
My deposit is more than 5 weeks' rent. Is that legal?
No, for tenancies signed on or after 1 June 2019 in England (with annual rent under £50,000). Anything above the 5-week cap is recoverable.
The agent says my deposit is "in the bank". Does that count as protected?
No. It must be protected in one of the three statutory schemes within 30 days. Sitting in a bank account isn't protection.
Is there a time limit to dispute?
Each scheme has its own window - typically you must raise the ADR dispute within 3 months of tenancy end. Court claims for non-protection have a 6-year limitation.
Letting agents charged me a "renewal fee" of £75. Recoverable?
Yes - that's a banned fee under the Tenant Fees Act 2019. Reclaim it in writing; if they refuse, complain to your local Trading Standards.
My landlord is private (no agent). Different rules?
Same rules. Both private landlords and agents are bound by the Housing Act 2004 and the Tenant Fees Act 2019.
Does this apply in Scotland and Northern Ireland?
Scotland has its own deposit schemes (SafeDeposits Scotland, Letting Protection Service Scotland, MyDeposits Scotland) under similar rules. Northern Ireland has TDS NI, MyDeposits NI, and Letting Protection Service NI. The principles are similar.
The deposit was always your money. Holding it back is the agent's last play - and the schemes were built specifically to take that play off the table.
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NoReply Team
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