End of tenancy deposit deductions: what your landlord can and cannot keep

Introduction

Deposit disputes are one of the most common flashpoints at the end of a tenancy. Many tenants lose money to deductions that are either inflated or simply not allowed. Understanding the rules before you hand back the keys gives you a much stronger position if your landlord tries to make claims against your deposit.

This guide covers what landlords in England are legally entitled to deduct, what they are not, and what to do if you disagree.

What your landlord can deduct from your deposit

A landlord can only make deductions for specific, evidenced costs. The main ones are:

Unpaid rent. If you owe rent at the end of the tenancy, your landlord can recover it from your deposit.
Damage beyond fair wear and tear. Holes in walls, burn marks, pet stains on carpets, broken fixtures or fittings. The test is whether the damage goes beyond what would be expected from normal everyday use over the length of the tenancy.
Cleaning above the standard you left the property. If the property is noticeably dirtier than when you moved in, your landlord can deduct the cost of bringing it back to that standard. They cannot charge for a full professional clean simply because it is their routine practice between tenancies.
Missing items from the inventory. If items listed on the check-in inventory are gone or broken at check-out, your landlord can claim the cost of replacing or repairing them.
Breach of the tenancy agreement. If your agreement required you to do something (such as maintain a garden) and you did not, the cost of putting it right can be deducted.

All deductions must be itemised with a description and a cost. Your landlord should provide receipts or quotes to justify the amounts claimed.

What your landlord cannot deduct

Fair wear and tear. This is the natural, gradual deterioration that comes from normal use. Scuff marks on walls, minor carpet wear along walkways, faded paintwork, door handles that have loosened over years of use. None of these can be charged to you. The longer the tenancy, the more wear and tear is considered normal.
Pre-existing damage. If damage was there before you moved in, your landlord cannot charge you for it. This is why a thorough check-in inventory matters.
General maintenance and redecoration. Landlords are expected to redecorate properties periodically. If the property needed repainting before you moved in, you cannot be charged for a full repaint on the way out.
Betterment. If your landlord replaces an old, worn carpet with a new one, they cannot charge you the full cost of the new carpet. They are entitled only to the
depreciated value of what was there before.

The deposit cap

Under the Tenant Fees Act 2019, deposits are capped at five weeks' rent for most tenancies in England (six weeks' rent where the annual rent is £50,000 or more). Any deposit above this cap is unlawful, and you can recover the excess.

This cap has not changed under the Renters' Rights Act 2025.

If you disagree with the deductions

Your deposit must be held in one of three government-approved schemes: the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS). All three offer a free dispute resolution service.

If you believe a deduction is unfair or inflated, raise a dispute directly with the scheme. An independent adjudicator will review the evidence from both sides,
including the check-in inventory, photographs, receipts, and the tenancy agreement. The process typically takes four to six weeks and the adjudicator's decision is binding.

To make a strong case, you need:

• A signed check-in inventory showing the condition of the property when you arrived
• Dated photographs from move-in and move-out
• Any written communications with your landlord about maintenance or repairs
• Evidence that issues existed before you moved in

If your landlord did not protect your deposit in an approved scheme within 30 days of receiving it, you can apply to court. A court can order the return of your
deposit and a penalty of up to three times the deposit amount.

From 1 May 2026: what changes

The Renters' Rights Act 2025, which comes into force on 1 May 2026, strengthens deposit protection enforcement. Courts will be able to refuse possession orders where a deposit has not been properly protected. The deposit cap and deduction rules remain the same.

The Act also caps advance rent payments at one month's rent from 1 May 2026. If a landlord has been asking for several months upfront, that will no longer be
permitted.

Before you hand back the keys

A few practical steps that protect you:

• Do a walk-through with your landlord or agent and note any disagreements in writing
• Take time-stamped photographs of every room, including inside cupboards and appliances
• Keep a copy of the original check-in inventory to compare against
• Leave the property at least as clean as it was when you moved in
• Get proof of the date you returned the keys