GetMySAR

Tenancy records

Subject Access Request to a Landlord or Letting Agent

The inventory, the check-out report, the inspection notes, the contractor quote and the emails about you are all your personal data, and you can ask for them. The difficulty is that the agent, the landlord and the deposit scheme are three different organisations, and only one of them is holding the document you need.

GetMySAR is an independent service. We are not a letting agent, not a deposit scheme, not a council and not a law firm. Nothing here is legal advice. Every route on this page is one you can use yourself, and asking for your own records is free.

Three organisations, three separate requests

A deposit dispute turns on documents, and the documents are not all in one place. Work out which of these you actually need before you ask, because a request to the wrong one costs you a month.

The letting agent

Usually holds the most: the inventory and the check-in and check-out reports, the dated photographs behind them, mid-tenancy inspection notes, the contractor quotes and invoices behind a deduction, the maintenance log, and the internal emails and call notes about you. If an agent manages the property, signs the tenancy and chases arrears, the ICO’s own guidance treats an arrangement of that shape as joint control with the landlord, and it says that where controllers are joint, “individuals must remain able to exercise their rights against each controller”. You can ask the agent.

The landlord

Holds what the agent passed on and what the agent never saw: the instruction to make a deduction, correspondence with the agent about you, and, if the property was let without an agent, everything. A landlord letting through a company is plainly a controller. An individual letting a single property is the harder case and the ICO does not answer it directly — its test is whether the processing has a connection to a professional or commercial activity, because the law does not cover purely personal or household use. Letting property for rent is a commercial activity, so a request is worth making; what the ICO does not publish is a sentence saying so in terms, and we are not going to write one for it.

The deposit scheme

Holds the dispute file: both sides’ submissions, the evidence uploaded to its portal and the adjudicator’s reasoning. You do not normally need a request to see the landlord’s claim — every scheme shows it to you as part of the dispute, and the Tenancy Deposit Scheme says all uploaded evidence “will be available for all parties to the dispute to view”. A request to the scheme is for afterwards, or for a dispute that closed years ago: TDS says it keeps the file for 7 years from the end of the tenancy and any resulting dispute.

There is often a fourth. If you were referenced before the tenancy, the referencing agency is a separate controller again, and it holds the affordability assessment, the employer and previous landlord references, and the result of the credit search it ran on you.

A request does not pause any deposit scheme deadline

This is the one thing on the page worth acting on today. Every evidence window the three England and Wales schemes publish is shorter than the month the law gives an organisation to answer a subject access request. Raise the dispute first, then ask for the records — not the other way round.

Tenancy Deposit Scheme: its rules say that when TDS asks a party for details of a claim or a response, “they will be asked to do so within 5 working days”, and that an incomplete submission is deleted after the same 5 working days. On its insured scheme a dispute must be raised “No sooner that 10 days after the tenancy lawfully ended and No later than 3 months after the tenancy lawfully ended”.

Deposit Protection Service: “You then have 14 calendar days from the date of that email to submit your evidence”. Its insured terms are blunt about what happens if you do not: “If the Tenant fails to respond to the Tenant’s Evidence Request within 14 calendar days of it being issued, The DPS shall be entitled to pay the Disputed Amount out in accordance with the Landlord’s instructions”.

mydeposits: on its custodial scheme “evidence will be confirmed automatically after five days, and no further evidence can be added once evidence has been confirmed”. On its insured scheme you get “three working days to comment” on the landlord’s rebuttal and “We are unable to accept more evidence at this point”, and the dispute has to be raised within three calendar months of moving out or the deposit becoming unprotected, whichever is sooner.

Do both in parallel. Raise the dispute inside the scheme’s window with whatever you already have, and send the request the same day. If the records arrive in time they strengthen what you filed; if they do not, you still have a live dispute.

How to work out who to send it to

Start with your own paperwork. Within 30 days of taking your deposit your landlord had to give you the prescribed information, and GOV.UK lists what it must contain: the scheme’s name and contact details, its dispute resolution service, and “their (or the letting agency’s) name and contact details”. That document names the organisations you are asking.

Then check the register. The ICO publishes a free, name-searchable register of organisations that pay the data protection fee, which returns the exact registered company name and address behind a shopfront brand — which is what you want on the envelope. Two cautions: a landlord can be a controller who owes you an answer and still be exempt from the fee, so not on the register does not mean not a controller; and the register carries individuals as well as companies.

If in doubt, ask both. Whether the agent or the landlord holds a particular document often turns on a management agreement between them that you have never seen. Right to Rent is the clearest example: the Home Office tells landlords they can ask an agent to carry out the check and that the agreement should be in writing, and where the agent has accepted that responsibility in writing the liability moves to the agent. So the copy of your passport is with whichever of them that private agreement says.

Form is not the problem. The ICO is explicit that there are no formal requirements for a valid request, that you can make one verbally or in writing, “to any part of your organisation”, and that you do not have to use the phrase “subject access request” at all. The branch email address you already have is a valid place to send it.

What to ask for, by name

Deposit adjudicators decide on documents. The Tenancy Deposit Scheme tells landlords the adjudicator will usually expect to see the “Tenancy agreement”, “Check-in report and/or inventory”, “Check-out report” and a “Rent statement”, supported by “Estimates”, “Quotes”, “Invoices” and “Receipts”. Shelter puts the consequence plainly: the schemes are likely to reject a landlord or agent’s claim if they do not have a check-out report and an inventory.

So name the documents rather than asking for “everything”. A useful list for a deposit dispute: the inventory and check-in report; the check-out report and the photographs taken with it; any mid-tenancy inspection reports; the quotes, invoices and receipts behind each deduction; the rent statement; the maintenance and repair log; internal notes, emails and call recordings about you and about the property; and the prescribed information if you never received it. mydeposits tells tenants directly to obtain a breakdown of costs from your landlord or agent — a request is how you do that when they will not send it.

Name the dates too. An organisation has to carry out a reasonable and proportionate search — not an exhaustive one. What counts as reasonable depends on the volume of information, the difficulty of locating it, and the size and resources of the organisation. This is a common reason for a partial response, and it is worth being specific about what you want.

Two things people forget. A camera is one: the ICO says that where a camera captures images from a communal area data protection rules apply, and that you can ask the owner for a copy of the footage you are in. Your Right to Rent file is the other — the Home Office code tells landlords to keep copies of your documents for the time you are their tenant and for one year after, so if a former landlord still has a copy of your passport two years on, that is a question worth asking.

What the scheme will and will not do with what you send

Nobody is going to go and look for it. TDS says its process “is not investigative”, that “The adjudicator will not visit the property, there is no hearing”, and — the sentence that matters most — “TDS will not normally seek further evidence, including asking for any evidence which is stated to be available on request”. The DPS says the same thing from the other side: “We don’t routinely request specific items of evidence, so make sure you submit everything relevant to your claim”. Telling an adjudicator that a document exists is not the same as producing it.

But do not upload the whole bundle. The DPS warns that if the volume or type of evidence is particularly large or complex the adjudicator may decide they cannot make a decision at all, and TDS says it may return submissions “where the evidence submitted is excessive”. A response to a request often runs to hundreds of pages. Pull out the documents that answer the deduction and submit those.

Everything you upload, the other side reads. TDS: “It is your responsibility to make sure that you do not send us evidence which you do not want the other parties to the dispute to see”. A response to a request can contain your own sensitive material and other people’s. Check it before it goes in.

When a request is the wrong tool

You do not need one to see the adjudicator’s reasoning. TDS sends the adjudication report to both sides as a matter of course, and the DPS sends the decision to the landlord and the tenants. Wait for it.

It will not get your deposit back, and it will not get a repair done. A request produces records. Returning the money is the scheme’s dispute service; getting a repair done is your landlord, then the environmental health department at your council, which GOV.UK says must act if it thinks the problem could harm you.

The penalty for an unprotected deposit is a court matter, not a scheme matter. TDS says in terms that it “cannot consider compensation claims against a landlord or agent for failing to protect a deposit (or give prescribed information properly)” and that these have to go to court. GOV.UK sets out what a court can order, including payment of up to three times the deposit.

Nobody can make a landlord give you a reference, and a request is not a substitute. A response is a copy of your own information, not a document another organisation has to accept.

A landlord or agent must not make a tenancy conditional on you obtaining your own records. Requiring someone to make a subject access request as a condition of a tenancy is a criminal offence, not a formality — see enforced subject access requests.

If your landlord is a council or a housing association, you are asking a public body with a published route rather than a private one. Start from the organisation directory, and if the records you want are about social care rather than the tenancy, the social services records page is the right route.

What to expect once you have sent it

What it costs. There is normally no fee. A reasonable fee may only be charged where a request is manifestly unfounded or excessive, or where you ask for further copies. That is separate from the deposit scheme’s dispute service, which all three schemes say is free to use — although the DPS reserves the right to charge a landlord a fee where the tenancy is not an assured shorthold tenancy or an occupation contract.

How long they have. An organisation must respond without undue delay and within one month. It may extend by up to two further months where the request is complex or you have made a number of requests, but it must tell you within the first month that it is doing so, and why. Read that against the scheme deadlines above: the request is the slower of the two clocks in every case.

Proving who you are. An organisation may ask you to verify your identity, but only where it has reasonable doubts about who you are, and it should ask for the minimum needed. Where it needs further information to deal with your request, the one-month clock pauses until you provide it. An agent that has held a copy of your passport for the whole tenancy is not in much doubt about who you are.

Why parts come back blacked out. A tenancy file is full of other people: joint tenants, housemates, neighbours who complained, the contractor who wrote the quote. The ICO’s guidance on information about other people lets a controller withhold what would reveal someone else’s personal data, but not more than that: “you must still provide as much of the requested information as you can, without disclosing the third party’s identity”. A blanket refusal because “the file mentions other people” is not what the guidance says. Legal advice your landlord took is a different matter and can be withheld outright.

If the answer is late or incomplete. Complain to the organisation first. Since 19 June 2026 every organisation has had a legal duty to give you a clear way to raise a data protection complaint, to acknowledge it within 30 days, to look into it properly and to tell you the outcome. If it does not, or the answer is incomplete, you can then complain to the Information Commissioner's Office. A complaint about the deposit decision itself is a different door again, and goes to the scheme.

Where the schemes stand on their own data. They differ more than you would expect. TDS publishes a dated privacy notice, a dedicated data protection mailbox and a postal address for requests, and states the one-month deadline. The DPS publishes a data protection officer contact through Computershare, but its notice carries no date and no retention period. mydeposits publishes no data protection contact of any kind on its privacy policy, its support page or its terms — there is no dedicated address to write to, only its general contact details. Check the scheme’s own site before you send, and do not use a disputes mailbox for a data request.

England and Wales, and where this page stops

The deposit deadlines above are the England and Wales schemes. The right of access is the same across the United Kingdom; the deposit rules are not.

In Scotland a deposit must be protected within 30 working days of the tenancy starting — a different clock and a different trigger from the 30 days after receipt that applies in England and Wales — and the schemes are different. In Northern Ireland the deposit must be protected within 28 days and cannot exceed one month’s rent. Take the deadline from your own scheme, not from this page.

One more thing worth knowing before you rely on any of it. Shelter is the best free source there is on deposit disputes and it says you do not need to send the evidence until the scheme asks for it. That is right for two of the three schemes and wrong for the third: mydeposits’ insured scheme asks a tenant to upload the evidence at the point of raising the dispute. Read your own scheme’s page.

Where this comes from

Every fact here was checked against the publishing organisation’s own page on 17 August 2026, and those pages are linked from the text above so you can read them yourself rather than take our word for it: the ICO’s right of access guidance and its guidance on joint controllers; the scheme rules and dispute pages published by the Tenancy Deposit Scheme, the Deposit Protection Service and mydeposits; GOV.UK on deposit protection and on Right to Rent checks; and Shelter’s deposit advice. Deposit scheme rules change, and one of the three had a new edition take effect in May 2026 — tell us if something here is out of date.

Last checked 17 August 2026

If a subject access request is the right route

You can make one yourself, free, using the guidance above — and if there is a dispute running, raise it inside the scheme’s window first whatever else you do. If you would rather not handle the wording, the sending and the chasing, GetMySAR prepares, sends and follows up your request for a fixed £20 fee. Remember it is often two requests: one to the agent and one to the landlord.