Your deposit is your money until your landlord shows, with evidence, that they are owed some of it. A landlord can charge for unpaid rent, damage beyond fair wear and tear, missing items and cleaning back to the move-in standard. They can't charge for normal ageing, new-for-old replacements or their own repairs.
Checked against GOV.UK, legislation.gov.uk and the deposit protection schemes' published guidance on 14 October 2026.
First, three quick checks
- Is your deposit protected? Your landlord or agent must put it in a government-approved scheme within 30 days of receiving it: the Deposit Protection Service (DPS), mydeposits or the Tenancy Deposit Scheme (TDS). They must give you the scheme details within the same 30 days. If not, see "If your deposit wasn't protected" below.
- Was it over the cap? A deposit can't be more than 5 weeks' rent if annual rent is under £50,000, or 6 weeks' if it is £50,000 or more.
- Tenancy type. Most private tenancies in England became assured periodic tenancies on 1 May 2026. The deposit rules still apply.
What a landlord can deduct for
The schemes' guidance allows deductions for:
- Unpaid rent. The landlord should be able to show a rent account statement.
- Damage beyond fair wear and tear. Stains on a carpet are treated as damage, and so are nail varnish spills or iron burns caused by carelessness.
- Missing items. Things on the check-in inventory that are gone at the end. The inventory should record exact numbers ("six cushions", not "cushions").
- Cleaning, back to the start standard. You only have to leave it as clean as it was when you moved in. If it wasn't professionally cleaned then, you don't have to leave it professionally cleaned.
- Other duties in your agreement, such as keeping the garden, where the agreement makes that your job.
What a landlord can't deduct for
- Fair wear and tear. Normal ageing from everyday living, such as furniture dents in a carpet, fading and fraying.
- Betterment (new for old). The landlord must not end up better off than at the start of the tenancy. A deposit is not an insurance policy that pays "full replacement value".
- Replacement when a repair or clean would do. Replacement is justified only when an item is beyond economic repair or unusable. Otherwise it's usually the repair or cleaning cost, or compensation for the item's shortened life.
- Routine redecoration. Light marks on walls are fair wear and tear. Heavier marks or damage can justify a contribution.
- The landlord's own repairs. Landlords are responsible by law for the structure and repair of the property. A leak from an old pipe is not your cost unless you caused it or let it get worse by not reporting it.
- Their time and the cost of the dispute. Each side pays its own costs of gathering evidence. Landlords generally can't charge for their time and inconvenience.
Fair wear and tear: what adjudicators look at
Fair wear and tear has a legal definition: "reasonable use of the premises by the tenant and the ordinary operation of natural forces". The question is whether the change goes beyond what normal use would cause.
The schemes' adjudicators weigh up:
- How long the tenancy lasted. The longer you lived there, the more wear is expected.
- How many people lived there, and who. A family with children will cause more wear than one person.
- The age, quality and condition of the item at the start. A landlord who provides cheap or old furniture can't fairly blame a tenant when it wears out through normal use.
Adjudicators decide "on a balance of probabilities": is it more likely than not that the tenant broke the agreement and the landlord lost money as a result?
Worked example: how deductions are checked
Illustrative example — fictional property and amounts. A two-year tenancy in a two-bedroom flat. Two adults. The landlord proposes keeping £1,630 of a £1,800 deposit.
| Item | Landlord claimed | Why it's challengeable | What evidence matters |
|---|---|---|---|
| New living-room carpet (stained) | £1,000 (full replacement) | The carpet was 4 years old at check-in and 6 at check-out, with an expected life of 10 years. The schemes' published method: £1,000 ÷ 10 = £100 of value a year; 4 years were left, so £400, not £1,000. That's only if it can't be cleaned; if it can, the cleaning cost is the starting point. | Check-in report showing the carpet's age and condition; dated photos; the quote or invoice; a receipt showing when it was fitted. |
| Professional end-of-tenancy clean | £350 | Check-out shows only the oven and bathroom need more cleaning, and check-in noted no professional clean at the start. The charge should match the cleaning needed, not a full clean. | Cleanliness notes in both reports; dated photos; an invoice itemised by area. |
| Full redecoration of the living room | £180 | Light scuffs after two years of normal use are fair wear and tear. Heavier marks in one spot might justify a contribution for that area only. | When the room was last painted; photos at both ends; an invoice broken down by area. |
| Four "missing" wine glasses | £40 | The inventory says "glassware" with no number, so there's no record of how many there were. | The inventory wording; your move-in photos. |
| Landlord's time arranging contractors | £60 | Landlords generally can't claim for their time and inconvenience. | The landlord's itemised list of deductions. |
The figures show the method, not a likely result. Each item is decided on its own evidence, and the schemes note the method may not suit every case. Unpaid rent works differently: if you say rent was paid, you need to show it, for example with bank statements.
Want the dispute letters written around your deductions? The Deposit Dispute Pack (£95) answers each deduction one by one, in writing. You get three documents and a Case Assessment, as Word and PDF, emailed within 10 minutes. See a sample
What to do now
- Ask for an itemised list with evidence. In writing, ask for each deduction, its cost and the evidence behind it: check-in and check-out reports, photos, invoices or quotes.
- Reply in writing, item by item. Say which deductions you accept, which you don't, and why. Emails, letters and texts can all be used as evidence later.
- Use the scheme's free dispute service if you can't agree. Both you and the landlord must agree to use it. Each side sends evidence, and the decision is final. There is no hearing to attend.
- Keep to the deadlines.
- Once you and the landlord agree the amount, the landlord must return your deposit within 10 days.
- Any amount still in dispute stays protected in the scheme until the dispute is settled.
- There may be a time limit for raising a dispute, so contact your scheme as soon as you can.
- Evidence windows are short. The DPS, for example, gives 14 days from its email, and late evidence is not normally accepted.
Landlords don't need to have done the work before they claim, but quotes carry less weight than invoices for work actually paid for.
If your deposit wasn't protected
If the deposit wasn't put in a scheme, or you weren't given the scheme information, within 30 days, you can apply to the county court, during the tenancy or after it ends.
If the court agrees the rules were broken, it must order the landlord to pay you between one and three times the deposit. It can also order the deposit itself repaid, in full or in part, within 14 days. GOV.UK suggests writing to your landlord first, as this can avoid court costs.
An unprotected deposit can't use a scheme's dispute service, so a dispute about the deductions goes to court. See our Small Claims Pack and letter before claim guide.
Frequently asked questions
Can my landlord charge for professional cleaning? Only to bring the property back to its move-in standard. If it was professionally cleaned when you moved in and isn't left that way, a proportionate charge may be fair. If only part needs more cleaning, the charge should cover that part, not a full clean.
How long does my landlord have to return my deposit? Once you and your landlord agree how much you should get, they must return it within 10 days. If you don't agree, the disputed amount stays protected in the scheme until the dispute is settled.
Who has to prove the damage? The landlord. The schemes' guidance says the deposit remains the tenant's money until the landlord proves a claim to some of it. The same guidance says that without check-in and check-out reports to compare, a landlord will find it hard to show the damage happened during the tenancy. Unpaid rent is the exception: if you say you paid, you need to show it.
Can my landlord replace something old and charge me the full price? No. That is betterment. The landlord can only claim the value lost, after allowing for age and fair wear and tear.
Want the dispute letters written around your deductions? The Deposit Dispute Pack (£95) contains:
- Formal Demand Letter: answers each deduction and sets a 14-day deadline.
- Escalation Notice: for when the first letter is ignored. If your deposit was never protected, it sets out what a court may order.
- Scheme Evidence Submission: a statement of case for your scheme's adjudicator (TDS, DPS or mydeposits), with a dated timeline, a deduction-by-deduction table and a list of your evidence.
- Case Assessment and Action Plan: the strength of each point, what the landlord may argue, and when to send each document.
Word and PDF, emailed within 10 minutes. Free revision if you reply within 24 hours of delivery. If the revision doesn't fix it, a full refund within 7 days of your order. See a sample