What a landlord can deduct
A landlord can only deduct for actual losses: unpaid rent, damage beyond normal use, missing items that were listed in the inventory, or cleaning needed to return the property to the state it was in when you moved in.
Your deposit must be protected in a government-approved scheme (such as the DPS, MyDeposits or the TDS) within 30 days of you paying it. If it was not protected, the landlord may owe you compensation of one to three times the deposit — and may struggle to make any deductions at all.
What they cannot charge for
- Fair wear and tear. Worn carpet in a hallway after three years, faded curtains, small scuffs on walls — this is normal use, and the landlord cannot charge you for it.
- Betterment. If a ten-year-old carpet is damaged, the landlord can claim for its remaining value — not the cost of a brand-new one. Charging you for an upgrade is not allowed.
- Problems that existed when you moved in. This is why the check-in inventory and your own dated photos matter so much.
- Professional cleaning by default. A clause demanding a paid professional clean at the end, regardless of the property's condition, is likely unenforceable. You only need to return it as clean as you found it.
Common traps
Vague "dilapidations" clauses. Wide wording like "the tenant shall keep the property in perfect condition" tries to make you responsible for wear and tear. The law still protects you, but the clause invites inflated claims.
No inventory, big claims. Without a signed check-in report, disputes come down to evidence. Take dated photos of every room — and every existing mark — on day one.
Administration fees for deposit disputes. Some agreements try to charge you for the cost of a dispute itself. Since the Tenant Fees Act 2019, most fees like this are banned in England.
In short
Deposits cover real losses, not routine refreshment of the property. Protect yourself with dated photos at move-in and move-out, and remember: if you disagree with a deduction, the free dispute service run by your deposit scheme decides — not the landlord. If the deduction clauses in your agreement look harsh, run them through JargonShield to see what they really say.