A landlord in England can claim from a deposit only what the tenant owes under the tenancy: unpaid rent or bills, and the reasonable cost of damage, dirt or missing items that goes beyond fair wear and tear. The deposit is the tenant's money, so the landlord has to prove each deduction. If the two sides disagree, each of the three schemes runs a free adjudication service that decides on the papers.
The short version
- Allowed: rent and bills owed, damage beyond fair wear and tear, cleaning below the starting standard, missing items.
- Not allowed: ordinary ageing, or a claim that leaves the landlord with a better item than before.
- Proof: the landlord carries it, through signed reports, photos and invoices.
- Timing: GOV.UK says the deposit goes back within 10 days of the amount being agreed.
What can a landlord deduct from a deposit?
GOV.UK's tenant fees statutory guidance (updated 1 May 2026) says the deposit is the tenant's money and a landlord needs evidence for any deduction. The DPS groups claims into five types.
| Item | Can it come off? | What the schemes look for |
|---|---|---|
| Rent or bills owed | Yes | A rent account statement |
| Damage beyond fair wear and tear | Yes, reduced for age | Reports, photos, quotes |
| Cleaning | Yes, where it falls short of the starting standard | Dated report entries, itemised invoice |
| Missing items | Yes, like for like, less age | Inventory entry, receipt |
| Garden upkeep | Yes, where it falls below the starting condition (our reading) | Start and end photos, invoice |
| Fair wear and tear | No | Not claimable |
A flat "check-out fee" or fixed cleaning charge is not a permitted payment under Schedule 1 to the Tenant Fees Act 2019. The deposit (paragraph 2) and damages for breach of the tenancy (paragraph 5) are, so on our reading the route is an evidenced claim for the actual loss. See what landlords and agents can charge.
What is fair wear and tear on a deposit?
The DPS describes it as reasonable use of the premises plus the ordinary operation of natural forces, and says strict rules are not available. It lists tenancy length, the number and age of occupiers, and the item's lifespan, quality and condition. mydeposits adds who lives there, including pets, and says its starting point for decoration and carpet is five years.
TDS gives faded paint, small scuffs and worn carpets as wear. It gives stains that will not clean, torn curtains, deep gouges, broken furniture and mould caused by negligence as damage.
All three schemes expect the home back at its starting standard. mydeposits says wear and tear covers condition only, so a home goes back as clean as it started whatever the tenancy length. The DPS says claiming full professional cleaning where the home had cleaning defects at the start is betterment. TDS says it cannot award rough estimates unless itemised and evidenced.
Can a landlord charge for a brand new item?
Not usually. Betterment is a claim that leaves the landlord better off than if the damage had not happened. mydeposits says a landlord can claim a like-for-like replacement less the wear already used. The DPS adds that a deposit is not an insurance policy that pays "new for old".
Illustration with invented figures. A £600 oven was new at the start of a three-year tenancy, and the tenant accepts a cracked door glass in year three. On a five-year life that is 3 of 5 years used, so 2 of 5 years remain: £600 × 2 ÷ 5 = £240. A straight-line split is one way to start the discussion. mydeposits says its starting point for carpet and decoration is five years, which can change, and adjudicators decide each case on its evidence, so a real award can differ.
What evidence settles a deposit dispute?
Adjudicators decide on the written evidence, on the balance of probabilities, without visiting the property. The DPS says the landlord must prove the claim, expecting at least a signed tenancy agreement and, for condition claims, signed check-in and check-out reports. An unsigned report from the landlord's side, with no photos, is unlikely to carry enough weight.
- Signed check-in and check-out reports, with dated photos or video.
- The tenancy agreement, which sets the obligations.
- Invoices or quotes, itemised by area.
- A rent statement, for arrears.
- Messages and emails, showing when repairs were reported.
How long does it take to get a deposit back?
GOV.UK says the landlord must return the deposit within 10 days of both sides agreeing how much. Under Schedule 10 to the Housing Act 2004, a custodial scheme must pay out within 10 days beginning with the day it is notified of the agreement. For a deposit held by the landlord, a tenant can notify the scheme if the amount asked for is not repaid within 10 days of the request.
| Invented date | Step |
|---|---|
| 31 March 2027 | Tenancy ends, check-out done. |
| 7 April 2027 | Landlord sends itemised deductions with quotes. |
| 14 April 2027 | Both agree a £240 deduction; the scheme is notified that day. |
| 23 April 2027 | Last of the 10 days beginning 14 April. |
If they cannot agree, the DPS estimates 44 days from the start of a dispute to the decision, and mydeposits says 60 days is typical. TDS says adjudication is typically resolved within 28 calendar days after all evidence is in. For an insured deposit, mydeposits says a dispute must be raised within three calendar months minus one day of the tenant leaving (earlier if the deposit became unprotected), and TDS Insured says it can only consider disputes sent within 3 months of the tenancy ending. Ask the DPS about its own limits. GOV.UK says there may be a time limit, so contact the scheme early.
What can a tenant do if the landlord does not respond?
- Write to ask for the deposit or the deductions. Keep a copy.
- Start repayment or a dispute with the scheme.
- Use the single-claim route in Schedule 10, paragraph 4B (custodial schemes). At least 14 days after the tenancy ended, a tenant can apply if the landlord cannot be contacted or has not replied within 14 days to a written notice. A solicitor, magistrate or other person authorised to take oaths must witness the declaration (DPS). The scheme then gives the landlord 14 days to respond, and paragraph 4C requires payment of the amount claimed if there is no response.
- Go to court if the deposit was never protected (see deposit protection) or the dispute is about more than the deposit.
The Act says a scheme cannot make its dispute service compulsory (Schedule 10, paragraph 10(2)), and GOV.UK says both sides must agree. The Schedule still treats a party as consenting in some cases where a scheme's notice goes unanswered (paragraphs 4C(7) and 6A).
What is different in 2026?
- Assured periodic tenancies replaced shorthold tenancies on 1 May 2026. Schedule 10, read on 17 October 2026, shows one 2026 amendment for specified purposes: "shorthold" becomes "assured". The repayment and dispute rules are otherwise as before.
- Pet damage can come from the deposit, but not twice. See pets in rented homes.
- A draft order is not law. The draft Housing (Tenancy Deposit Schemes) Order 2026, laid before Parliament on 8 September 2026, would start on 1 March 2027 and lets custodial schemes pass interest to the Secretary of State. It does not touch deductions.
What should each side do before the tenancy ends?
Tenants: see how to end a tenancy for notice and timing, read the check-in report, put right damage you caused, clean to the starting standard, attend the check-out and ask for deductions in writing.
Landlords: compare the reports, price like for like and reduce for age, and share an itemised claim with the evidence before asking the scheme to decide.
If you are moving on and want help finding your next rental, register to rent with us. Our deposits and moving in guide covers the start of a tenancy, and the landlord legislation guide lists a landlord's other duties.
Questions readers ask
Can a landlord keep my deposit for fair wear and tear?
No. All three schemes treat fair wear and tear, the ordinary ageing that comes with reasonable use, as the landlord's cost. A landlord can claim for damage beyond that, for rent owed and for cleaning that falls below the standard at the start, and must evidence each item. The longer the tenancy, the more wear an adjudicator expects.
How long does a landlord have to return my deposit?
GOV.UK says the deposit must be returned within 10 days of you both agreeing the amount. Schedule 10 to the Housing Act 2004 also gives a custodial scheme 10 days from being told of an agreement. If a landlord holding the deposit has not repaid within 10 days of your request, you can notify the scheme.
What can I do if my landlord ignores me about the deposit?
Write to ask for it, then raise it with your scheme. If a custodial scheme holds the deposit, Schedule 10 lets you apply at least 14 days after the tenancy ended, with a witnessed statutory declaration, if you cannot contact the landlord or they have not replied to your written notice within 14 days. The scheme then gives the landlord 14 days to respond.
Can a landlord charge the full cost of a new carpet?
Usually not. The schemes say a claim must not leave the landlord better off than before the damage, which they call betterment. An adjudicator looks at the carpet's age, quality and expected life and may award only a contribution towards a like-for-like replacement. A fixed claim without receipts or age evidence is likely to be cut.
Is the deposit dispute service free, and is the decision final?
Yes, it is free to both sides. Each scheme's adjudicators decide on the written evidence and the decision is final, although a court challenge is possible in rare cases. GOV.UK says both sides have to agree to use it, although Schedule 10 treats some silence as consent. A claim about something other than the deposit, such as disrepair, has to go to court.
Sources
- legislation.gov.uk, Housing Act 2004, Schedule 10, Tenant Fees Act 2019, Schedule 1 and the draft Tenancy Deposit Schemes Order 2026, read on 17 October 2026.
- GOV.UK, Tenancy deposit protection, Deposit protection schemes and landlords and Assured periodic tenancies: a guide for tenants (published 7 April 2026), read on 17 October 2026.
- MHCLG, Tenant Fees Act statutory guidance, updated 1 May 2026.
- DPS, reasonable claims, dispute process, timeline and statutory declaration, read on 17 October 2026.
- mydeposits, fair wear and tear and dispute process, read on 17 October 2026.
- TDS, raising a dispute, fair wear and tear, challenging deductions and cleaning claims, read on 17 October 2026.
