• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Can tenant get his deposit back mid term?

This post is more than 14 years old

January 13, 2012 by Tessa Shepperson

housesHere is a question to the blog clinic from Andrejs who is a tenant:

I am tenant and renting house from letting agency.  Our contract with them is finished and my landlord was unhappy with agency’s work what they did, and she do not want to renew contract with them. But she would like to continue letting for us.

My question is – can we get deposit back while we are still in property? And is there any chance that agency can sue us or landlord an keep our deposit?

Whats the best option would be for us?

The deposit is your money, but you usually don’t get it back until the end of the tenancy, after the property has been inspected.  The fact that the agency may no longer be managing the property does not really change this.   So you are not entitled to claim the money back before the tenancy ends.

But your landlord is only entitled to keep your deposit if the property has been damaged or if you owe her rent.

I suspect that the agency will be holding the deposit money in a tenancy deposit scheme (although this does not always happen with managed properties).  In which case, if the agency’s contract ends, they will either pass the deposit money over to the landlord, or will just carry on holding the deposit while the landlord does everything else.

I have to say however that not all agencies are good and honourable, and it is possible that this agency may not be very good if the landlord is unhappy with them.  However even if the agency does not deal with the deposit money properly, if it is still protected, you should be able to make a claim for it direct to the tenancy deposit company.

Or alternatively if the deposit money has not been protected and the agency refuse to hand it over, you can bring a claim against the landlord.  She will be responsible to you for the return of the deposit, even if the money was paid to the agents.

What a lot of tenants do though, if they suspect that there will be problems getting their deposit back, is to withhold the last months rent, and tell the landlord to use the deposit money against the rent.  This is not something that tenants are supposed to do, but there is no doubt that it does mean that you are not out of pocket.

Previous Post
Next Post

Filed Under: Clinic Tagged With: tenancy deposits

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy