Deposit deductions are one of the most common sources of landlord-tenant disputes in England. Getting them right requires clear evidence, a thorough inventory, and an understanding of the key legal distinction between fair wear and tear (which cannot be charged to the tenant) and damage or negligence (which can). The three government-authorised schemes, TDS, DPS, and mydeposits, all use the same legal framework but have different adjudication processes. The Deposit Deduction Pack (£19) provides the templates and evidence structure adjudicators expect.
The deposit must be protected in an authorised scheme within 30 days of receipt, and Prescribed Information served on all tenants. Use the free Deposit Checker to confirm the maximum deposit you can take. Failure to protect means you cannot make any deductions, the tenant can claim 1 to 3x the deposit in penalties, and you cannot serve a valid Section 8 notice.
What landlords can deduct from the deposit
- Damage beyond fair wear and tear: Holes in walls, broken fixtures, stained carpets (beyond normal ageing), damaged appliances
- Cleaning: If the tenant leaves the property in a materially worse state of cleanliness than at the start, supported by a detailed check-in inventory with dated photographs
- Rent arrears: Any unpaid rent at the end of the tenancy, obtain a rent account statement showing the exact arrears figure
- Unpaid utility bills: If the tenancy agreement makes the tenant responsible and the landlord has paid bills that should have been paid by the tenant
- Replacement of missing items: Furniture, white goods, or fixtures listed in the inventory that are missing at check-out
- Specialist cleaning: Professional end-of-tenancy cleaning if the property was professionally cleaned at the start (document this with the check-in report)
What landlords cannot deduct
- Fair wear and tear: The gradual deterioration from normal, reasonable use, faded paint, minor carpet wear, small scuffs, cannot be charged to the tenant
- Improvements: The deposit cannot fund upgrades or betterments, if a 5-year-old carpet is stained, you can claim the remaining useful life value, not a brand-new carpet
- Pre-existing damage: Any defect that existed at the start of the tenancy and was documented in the check-in inventory cannot be charged at check-out
- Speculative or unsupported charges: Deductions must be evidenced with quotes, invoices, or receipts, a bare assertion ('cleaning, £200') without evidence will be rejected by an adjudicator
- Landlord's own time: You cannot charge for your own labour unless you are a professional cleaner or contractor, only actual contractor costs are recoverable
Evidence requirements for a successful deduction
- Check-in inventory: Dated, signed (by tenant if possible), with photographs of every room, surface, and item, this is the baseline
- Check-out report: A comparable room-by-room report with photographs using the Check-out Inventory Comparison Pack (£19), ideally carried out on the day of or immediately after handover
- Quotes and invoices: At least one contractor quote for each deduction, an invoice (if the work has been done) is better
- Rent account statement: For arrears deductions, a clear statement showing the shortfall
- Utility bills or receipts: For utility deductions, copies of the bills paid
- Send the deduction schedule to the tenant within 10 days of the tenancy ending, delay weakens your position in adjudication
Fair wear and tear, the lifespan formula
Adjudicators apply a proportional formula to items with a finite lifespan. If a carpet was 5 years old at the start of a 3-year tenancy and was damaged, the landlord can only claim a proportion of the replacement cost, the carpet had already lost much of its value. The longer the tenancy and the older the item, the smaller the potential award. Evidence of the item's age and condition at check-in is essential.
The deposit adjudication process
- If the tenant disputes the deduction, the scheme's adjudication service resolves the dispute, free of charge to both parties
- The adjudicator reviews the evidence submitted by both sides, they do not inspect the property
- Adjudicators apply the fair wear and tear rule strictly, over-claiming damages your credibility on all deductions
- Decisions are typically issued within 28 days and are binding on both parties (unless appealed to court on a point of law)
- If the adjudicator awards less than you claimed, the balance is returned to the tenant from the protected scheme
Deposit return timescales
The undisputed portion of the deposit must be returned promptly after agreement, most schemes specify within 10 days. Raise any formal dispute within the scheme's window, typically 90 to 120 days from the end of the tenancy. Failure to protect the deposit at the start of the tenancy means the landlord cannot make deductions and faces a penalty of 1 to 3x the deposit amount, so always protect within 30 days of receipt.
If a deduction is disputed
Where the tenant does not agree a deduction, neither side should treat the deposit as settled. Return the portion that is not in dispute promptly, and refer the disputed amount to the scheme's free adjudication service rather than withholding it indefinitely. Because the adjudicator decides on the documents alone, a landlord who has served a clear check-in inventory, a dated check-out report, and itemised quotes is in a strong position, while an over-claim or an unevidenced figure weakens the whole claim. Raising or responding to a dispute within the scheme's window, typically 90 to 120 days from the end of the tenancy, protects your position.