“My landlord said the carpet looked a bit dirty and deducted £500?!”
“I paid rent on time for a whole year, but they held my deposit for two months after I moved out?!”
In the UK, a landlord cannot deduct whatever amount they want from your deposit.
In many cases, what they do is actually a violation of the Housing Act 2004.
Today, let’s look at the three most common ways UK landlords break the law ⚠️
Illegality 1: Failing to Protect the Deposit in a Government-Approved Scheme (TDP)
Under UK law, a landlord must protect your deposit within 30 days of receiving it in one of the three authorised Tenancy Deposit Protection schemes:
- DPS (Deposit Protection Service)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
If the landlord fails to do this—or doesn’t give you a Deposit Protection Certificate within 30 days—
you have the right to:
✅ Take the landlord to court and claim up to 3x the deposit in compensation
✅ Prevent the landlord from using a Section 21 “no-fault eviction” notice
💬 Tip:
You can check if your deposit is protected by entering your address here:
gov.uk/check-your-tenancy-deposit-protection
Illegality 2: Delaying or Partially Withholding the Deposit Without Proper Grounds
After the tenancy ends, the landlord must return your deposit within 10 days, starting from the moment both sides agree on the amount.
If there is a dispute, it must be resolved through the TDP’s Dispute Resolution Service, not by the landlord unilaterally deciding the deductions.
Common illegal deduction reasons include:
❌ “The place was dirty but no before-and-after photos”
❌ “Furniture is old but not damaged”
❌ “You moved out early but found a replacement tenant”
None of these justify unilateral deductions.
The landlord must provide evidence such as photos, invoices, and the check-in/check-out inventory reports.
Illegality 3: Making Unfair Deductions for ‘Repairs’ or ‘Repainting’
According to UK case law (e.g., Fairclough v Swan (2013)):
A landlord cannot charge you for fair wear and tear.
Examples:
- Minor wall discolouration, carpet usage marks, ageing furniture — not damage
- If the landlord decides to “upgrade” or renovate the property, they cannot charge the tenant for it
Lawyer’s reminder:
If you believe your deposit was unfairly deducted, you can challenge it through the TDP dispute system or the Small Claims Court.
Keep your contract, photos, and communication records — they are your strongest evidence.
Final Note
The UK’s deposit protection system is designed to ensure fairness for both landlords and tenants.
But many tenants give up their rights simply because they don’t know the rules.
If you’re dealing with a late deposit refund, unexplained deductions, or an unresponsive landlord—
don’t hesitate to seek legal advice.
We can help you:
• Check whether your deposit was properly protected
• Assess whether you can claim 1–3x compensation
• Prepare documents for arbitration or a Small Claims Court case
