Landlords in England can claim tenancy deposit deductions for evidenced rent arrears, damage beyond fair wear and tear, missing items and cleaning needed to restore the check-in standard. A deduction must reflect a justified loss under the tenancy agreement, allowing for age and condition, rather than funding a refurbishment.
This guide covers private assured tenancies in England, with rules checked on 2 November 2026. For protection deadlines and scheme selection, start with our DPS, TDS and mydeposits comparison.
What tenancy deposit deductions can a landlord claim?
You can propose deductions for a tenant's breach of their obligations, supported by evidence of the loss and the amount claimed. The DPS guidance on reasonable claims distinguishes repairs, replacement and compensation: replacement is not automatically the right remedy.
| Claim | What you need to establish |
|---|---|
| Rent arrears | Rent legally due, payments received and the remaining balance |
| Damage | Deterioration caused by the tenant beyond ordinary use, with a proportionate repair or replacement cost |
| Cleaning | A worse standard of cleanliness than at check-in, and the reasonable cost of restoring it |
| Missing items | Proof the item was supplied and is missing, allowing for its age and condition |
| Unpaid bills | Contractual responsibility and a loss, or potential loss, to you |
A utility bill in the tenant's name does not automatically become your debt. In mydeposits' utility-bills case study, the landlord received no award where there was no outstanding loss to them. Keep the tenancy clause, bills and any demand addressed to you.
Deposit recovery is separate from deciding whether expenditure is deductible for tax. Our allowable-expenses guide covers that question.
How do deposit deductions allow for fair wear and tear?
You must allow for deterioration from normal use, considering the item's age, quality, initial condition, occupants and length of tenancy. mydeposits' wear-and-tear guidance explains why a tenant should not pay for years of use that have already passed.
A faded carpet or light usage marks may be ordinary wear. A burn or substantial stain may justify compensation, but you still need to establish responsibility and a reasonable amount.
Betterment means leaving yourself better off at the tenant's expense. Replacing an old basic carpet with a new premium one does not make the whole invoice recoverable. Consider repair first; if replacement is justified, explain the remaining useful life you have allowed. There is no universal statutory carpet lifespan or fixed deduction tariff.
Cleaning is different from ageing. A tenant must return the property to its original standard of cleanliness, not replace worn surfaces. You cannot improve an initially dirty property at their expense.
Can you charge cleaning or check-out fees automatically?
No: a routine fee is different from compensation for an evidenced breach. GOV.UK's current fees guidance lists permitted payments; an automatic check-out or administration charge is not among them.
You can claim reasonable cleaning costs where the tenant leaves the property less clean than it was. You cannot require them to buy a professional cleaning service simply because the tenancy has ended: the Tenant Fees Act, section 1, restricts compulsory service contracts. The relevant issue is the result, not who held the mop.
Default fees are limited to lost keys or security devices and late rent, where the agreement provides for them. Replacement-key costs must be reasonable and evidenced in writing. Late-rent interest requires at least 14 days' arrears and is capped at three percentage points above Bank Rate annually on the overdue amount. Do not add a general breach penalty. Our landlord-fines guide explains the wider enforcement risks.
What would a fair deduction schedule look like?
A fair schedule lists each loss separately and shows how the proposed amount was calculated. This illustrative example is not an adjudication prediction: assume a £1,500 protected deposit and evidence supporting each item below.
A carpet was already two years old at check-in and is five years old at check-out. Assume the evidence supports an eight-year total lifespan and a £640 like-for-like replacement cost. Tenant-caused damage makes replacement necessary, with no reasonable repair available. The illustrative remaining-life calculation is £640 × (8 − 5) ÷ 8 = £240, not £640.
| Item | Illustrative deduction | Evidence |
|---|---|---|
| Unpaid rent | £300 | Agreement, rent ledger and payment record |
| Additional oven cleaning | £60 | Comparable photos and itemised quote |
| Carpet damage, apportioned | £240 | Inventories, purchase record and replacement quote |
| Ordinary wall scuffs | £0 | Fair wear and tear |
| Total proposed deductions | £600 | £300 + £60 + £240 |
| Balance to return | £900 | £1,500 − £600 |
This follows the principle in mydeposits' damages guide: allow for previous use and choose the appropriate remedy. A cheaper repair, poorer initial condition or shorter supported lifespan would change the claim. mydeposits says its approach to carpet and décor life starts at five years, though evidence can change that; on a five-year life, the same calculation gives £0.
What evidence helps a landlord in a deposit dispute?
Your strongest case connects the tenancy obligation, the change in condition and the cost of putting it right. The DPS evidence checklist puts the responsibility on the landlord to justify retaining the tenant's money.
Keep these together:
- The signed tenancy agreement and relevant deposit clause.
- A detailed check-in inventory, with the tenant's comments or agreement.
- A check-out report describing the same rooms and items.
- Dated photographs that allow a direct comparison.
- Receipts showing age and quality, plus itemised repair quotes or invoices.
- The rent account and correspondence relevant to each claim.
A replacement invoice proves a price, not that the tenant caused the problem. Label evidence by room and deduction so an adjudicator can follow it without guessing. Padlord lets you attach tenancy agreements to the relevant tenancy record within a property.
How does a landlord resolve a deposit dispute, and by when?
Try to agree an itemised settlement first, then use your scheme's free alternative dispute resolution service if agreement fails. GOV.UK explains that both parties must agree to ADR, submit evidence and accept the final decision; scheme rules can include deemed consent, so read every notification.
With custodial protection, the scheme already holds the deposit. With insured protection, the landlord or agent holds it and must send the disputed sum to the scheme when required. Return any undisputed balance through the relevant process.
There is no single deadline covering all six products. These are the published starting and evidence deadlines checked on 2 November 2026:
| Scheme | Insured | Custodial |
|---|---|---|
| TDS | Raise the dispute within three months of tenancy end, after requesting repayment and allowing at least 10 days for a response | Start through the repayment request. Its guidance gives 10 working days to negotiate a disagreement, then a further 10 working days for evidence |
| DPS | The completed Disputed Amount Confirmation Form must arrive within 90 days of tenancy end | Start through the repayment process; evidence is due within 14 calendar days of the invitation |
| mydeposits | Raise within three calendar months of moving out or unprotection, whichever is sooner; first request repayment and allow 10 calendar days | Initiate resolution within 90 days of the release process starting if negotiations fail |
Sources: TDS insured, TDS custodial, DPS insured terms, section 17, DPS custodial terms, section 22, and mydeposits' two processes.
These are not promises of a decision within that period. Follow subsequent evidence and payment deadlines in your case notifications. If ADR is declined or unavailable, seek advice about court proceedings.
When must you return the deposit?
You must return it within 10 days of both sides agreeing the amount, according to GOV.UK's deposit guidance. That clock does not simply start when the tenant hands back the keys. Record the agreed split and repayment instructions in writing; do not hold an agreed refund while arguing about a separate item.
Did the Renters' Rights Act change deposit deductions?
The reforms changed tenancy endings and pet requests, but did not create a right to charge for normal wear or exceed the deposit cap. Since 1 May 2026, private assured tenancies have been periodic under the landlord overview.
Tenants normally give two months' written notice, unless a shorter period applies by written agreement, with notice expiring on the rent-due day or the day before. Check the notice guidance before calculating rent owed; a former fixed-term end date is not enough.
The cap remains five weeks' rent below £50,000 annual rent, or six weeks at £50,000 or more, under Schedule 1 of the Tenant Fees Act. Use our deposit cap calculator. The separate rent-in-advance rules do not enlarge it.
Pet damage can support an evidenced deduction, but you cannot recover the same loss through insurance and the deposit: GOV.UK says so explicitly. There is no extra deposit allowance above the cap for a pet. Our pet-consent guide covers requests.
This is general information, not financial or legal advice.
