How to get your rental deposit back in England: a practical checklist

First, are you a tenant or a lodger?

If you rent from a landlord who doesn't live there, you're almost certainly a tenant. Your deposit has to go into a government-backed scheme within 30 days: the Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme. Each scheme's website lets you check that your deposit is registered. If you live with your landlord as a lodger, your deposit doesn't have to be protected, so the steps at the end are different. Either way, the deposit is capped at five weeks' rent (six if the yearly rent is £50,000 or more). Not sure which you are? Our guide to tenants, lodgers and permitted occupiers explains.

The day you move in

• Photograph every room before you unpack: walls, floors, the inside of the oven and fridge, mattresses, and any mark or scuff up close. Make sure the photos are dated.
• Read the inventory before you sign it. Correct anything that's wrong or missing, in writing.
• Note the meter readings, and photograph them.
• If you're a tenant, check that you've received the scheme details in writing within 30 days. Then look your deposit up on the scheme's website.

While you live there

Report anything that breaks, in writing, when it happens. A dated message saying "the shower tray has cracked" protects you from being blamed for it later. Keep copies of every message about repairs.

Before you leave

• Give notice in writing and keep a copy.
• Clean to the standard you found it in, not better. If you pay a cleaner, keep the receipt.
• Take a second set of dated photos once you've cleared out, from the same angles as the first.
• Ask to be there for the check-out inspection.
• Send your forwarding address in writing.

What can fairly come off, and what can't

Normal living isn't chargeable. Faded paint, light marks by a light switch and carpet worn where people walk are fair wear and tear, and the longer you've lived somewhere, the more of it there'll be. Real damage is different: a burn in the carpet, a hole in the wall, a broken chair. Even then, a landlord can't charge you the full price of a new item to replace an old one. The Deposit Protection Service calls that betterment. If a carpet was already several years old when you moved in, you'd usually pay towards its remaining life, not the cost of a new carpet.

After you leave: asking for it back

Once you've both agreed the amount, a tenant's deposit has to be returned within 10 days. If you haven't heard anything, send something like this:

If they keep too much

Don't accept a deduction you think is unfair. Reply in writing first:

If you're a tenant: your scheme runs a free dispute service, and the money stays in the scheme until it's settled. Both of you send evidence, and an adjudicator decides. There can be a time limit, so raise it soon. If your deposit was never protected, you can go to court, which can order your deposit back plus up to three times its value in compensation.

If you're a lodger: there's no scheme. Send a formal letter before action, giving at least 14 days to pay. If that doesn't work, you can claim through the small claims court, and you can get the court fee back if you win.

The evidence to keep

• Your agreement, and the scheme details if you're a tenant
• The signed inventory
• Dated photos from move-in and move-out
• Every message about repairs, damage and the deposit
• Receipts for cleaning or repairs you paid for
• Proof of the date you returned the keys