My Landlord Won't Return My Deposit — What Can I Do?
If your landlord is withholding your tenancy deposit unfairly, you have legal options. Here's a step-by-step guide to getting your money back under UK law.
An Assured Shorthold Tenancy (AST) is the most common type of rental agreement in England. Here's what it actually means, what your rights are, and what to watch for before you sign.
If you've ever rented privately in England, you've almost certainly signed an Assured Shorthold Tenancy — even if you didn't know that's what it was called.
The AST is the default form of tenancy in the private rented sector. But most tenants sign without really understanding what they're agreeing to. This guide breaks it down in plain English.
An Assured Shorthold Tenancy (AST) is a legal agreement between a private landlord and a tenant that gives the tenant the right to live in a property for a defined period, in exchange for rent.
It's called "assured" because it gives the tenant certain statutory protections — including the right not to be evicted without a court order. It's called "shorthold" because historically, the minimum fixed term was six months.
Under the Housing Act 1988 (as amended), an AST is the default tenancy type for most private residential lettings in England where:
If those conditions are met, your tenancy is almost certainly an AST — even if the agreement doesn't say so explicitly.
Most ASTs begin with a fixed term — typically 6 or 12 months. During this period:
After the fixed term ends, one of two things happens:
Many tenants don't realise their tenancy has become periodic — it happens automatically if you stay beyond the end date without signing a new agreement.
As an AST tenant in England, you have a number of statutory rights that cannot be removed by contract:
Security of tenure Your landlord cannot evict you without a court order. Since the abolition of Section 21, they must have a valid legal ground (under Section 8) — such as rent arrears, property damage, or genuine intention to sell or move in.
Right to a safe and habitable property Under Section 11 of the Landlord and Tenant Act 1985, your landlord must keep the structure, exterior, and essential services (heating, hot water, plumbing, gas, electricity) in good repair.
Deposit protection If you pay a deposit, it must be protected in a government-approved scheme within 30 days. You must receive the "Prescribed Information" about where your deposit is held. Failure to comply means your landlord cannot serve certain eviction notices and may owe you compensation.
Right to quiet enjoyment You have the right to live in the property without interference. Your landlord cannot enter without giving at least 24 hours' written notice (except in genuine emergencies).
Right to a rent book If you pay rent weekly, your landlord must provide a rent book.
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A properly drafted AST should clearly set out:
If any of these are missing or vague, ask for clarification before signing.
Break clauses A break clause allows one or both parties to end the tenancy early, usually after a minimum period (e.g. after 4 months of a 6-month term). Check whether the break clause is mutual (both parties can use it) or landlord-only.
Rent review clauses Some agreements allow the landlord to increase rent during the tenancy. Under the Renters' Rights Act 2025, rent can only be increased once per year with two months' written notice.
Subletting clauses Most ASTs prohibit subletting or taking in lodgers without the landlord's consent. Subletting without permission is a serious breach that can lead to eviction.
Guarantor clauses If someone has guaranteed your rent, check what they're liable for. Some guarantees are extremely broad — covering not just rent but all obligations under the tenancy, potentially including damage claims years after you've left.
Check-out clauses These describe your obligations when leaving — cleaning standards, key return, notice periods. Professional cleaning requirements are common but note that under the Tenant Fees Act 2019, a landlord cannot require you to use a specific cleaning company.
During a fixed term, you are generally committed to paying rent for the full period. Your options are:
During a periodic tenancy, you typically need to give one month's notice in writing, ending on a rent payment date.
Take your time. An AST is a legally binding contract, and the stakes are high — this is where you're going to live.
Key questions to ask before signing:
Disclaimer: This article is for general information only and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor or contact Citizens Advice (citizensadvice.org.uk) or Shelter (shelter.org.uk).
Upload any UK legal document and get an instant AI breakdown — clause by clause, risk by risk, in plain English.
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