Landlord Keeping Your Deposit? Here's What to Do

If your landlord is trying to keep your deposit unfairly, you've got strong legal rights on your side. In England and Wales, tenancy deposits must be protected in a government-approved scheme, and any deductions have to be fair and reasonable.

Your Deposit Protection Rights

Since 2007, landlords have had to protect your deposit in one of three approved schemes within 30 days:

• Deposit Protection Service (DPS)
• MyDeposits
• Tenancy Deposit Scheme (TDS)

If your landlord didn't protect your deposit, they could be ordered to pay you up to 3x the deposit amount in compensation.

What Can Landlords Deduct?

Landlords can only make deductions for:

• Rent arrears (if you owe rent)
• Damage beyond fair wear and tear
• Cleaning (only if it's unreasonable)
• Missing items listed in the inventory

Fair Wear and Tear

This is where most arguments happen. Normal use of a property causes wear:

Fair Wear and Tear (No deduction):

• Faded curtains from sunlight
• Worn carpet in high-traffic areas
• Small scuffs on walls
• Natural aging of appliances

Damage (Deductions allowed):

• Cigarette burns on carpet
• Holes punched in walls
• Broken furniture
• Pet damage not agreed in tenancy

Step-by-Step: Disputing Deductions

Step 1: Request an Itemised List

Ask your landlord for a detailed breakdown of proposed deductions with evidence (photos, invoices).

Step 2: Challenge Unfair Deductions

Respond in writing, explaining why you disagree. Reference fair wear and tear where it applies.

Step 3: Negotiate

Often landlords will reduce claims when challenged. Be reasonable but firm.

Step 4: Use Free Dispute Resolution

If you can't agree, use the deposit scheme's free Alternative Dispute Resolution (ADR) service. This is legally binding on both parties.

Step 5: Go to Court (Last Resort)

For serious disputes, you can take the case to small claims court.

How to Protect Yourself

At Move-In:

• Get a detailed inventory with photos
• Note any existing damage in writing
• Keep a copy of the inventory

During Tenancy:

• Report any damage promptly
• Keep the property reasonably clean
• Don't make alterations without permission

At Move-Out:

• Take dated photos of every room
• Get the property professionally cleaned
• Do a joint inspection if possible
• Return all keys and note the date

Common Landlord Tactics

"The carpet needs replacing"

Unless you've caused actual damage (burns, stains that won't come out), general wear doesn't require replacement. Even damaged carpets should factor in "betterment", which means the landlord can't claim for a brand new carpet if the old one was already 5 years old.

"The whole flat needs repainting"

Normal scuffs and marks from furniture are fair wear and tear. Only significant damage (crayon on walls, large holes) justifies painting costs.

"Professional cleaning wasn't done"

You only need to return the property as clean as when you got it (allowing for fair wear). If it wasn't professionally cleaned when you moved in, you don't have to do so when you leave.

If Your Deposit Wasn't Protected

This is a serious breach. You can claim:

1. Return of your full deposit
2. Compensation of 1-3x the deposit amount
3. The landlord cannot use a Section 21 eviction notice

Use our tools to check if your deposit was protected and generate a claim letter if it wasn't.