“Red wine stains on the carpet, five nails on the wall, and the tenant says it’s ‘normal use’?”
“The moment I deduct from the deposit, they accuse me of breaking the law!”
Many UK landlords actually don’t know that they do have legal rights to protect themselves.
Yes, the Housing Act 2004 requires deposits to be protected, but that does not mean landlords cannot make deductions at all.
Today we will clearly explain:
When can landlords legally deduct from the deposit?
What tenant behaviour allows landlords to reasonably claim costs?
1. When a landlord can reasonably deduct from the deposit
The UK deposit system is not a “tenant protection umbrella,” but a fair protection mechanism.
If the tenant really caused financial loss, the landlord is absolutely allowed to deduct costs from the deposit.
Common legitimate deduction scenarios include:
1. Property damage beyond fair wear and tear
For example:
- Broken doors, walls, carpets, sofas, tables and chairs
- Furniture scratched by pets, lingering odours
- Burn marks on kitchen counters, long-term grease build-up
Note: You must have a check-in and check-out report plus photographic evidence.
2. Failure to clean or leaving excessive rubbish
If the tenant leaves:
thick grease in the kitchen, mould in the bathroom, unremoved rubbish, a foul-smelling fridge, etc., the landlord may deduct professional cleaning fees.
Invoices or quotations should be provided as evidence.
3. Unauthorised structural changes or redecorating
For example:
painting walls black without permission, changing locks, drilling holes to install TV brackets, or causing visible and permanent damage.
The landlord may deduct the cost of restoration or repairs.
4. Early termination causing financial loss
If the tenant ends the tenancy early, the landlord may deduct advertising costs for re-letting, and rent lost during the vacancy period.
These must be reasonable, quantifiable, and supported by invoices.
2. When a landlord cannot deduct from the depositEven if the landlord is unhappy, the following situations cannot justify deductions:
- Fair wear and tear, such as worn carpet paths or minor scratches
- Costs for improvements or upgrades the landlord chooses to do
- Deductions based on emotion, such as disliking the tenant’s attitude, or late rent that has already been paid
The UK deposit schemes (TDS, DPS, MyDeposits) focus on one key question:
“Is there evidence proving genuine financial loss?”
3. Tenant responsibilities and landlord rights
Tenants are responsible for maintaining the property during their stay:
regular cleaning, proper ventilation, reporting problems to the landlord promptly, and avoiding unauthorised decorations, subletting, or keeping pets (if prohibited by the contract).
If the tenant breaches the contract and causes loss, the landlord is fully entitled to:
- Deduct a reasonable amount from the deposit
- Apply for compensation through the deposit scheme’s dispute service
- In serious situations, take the case to Small Claims Court
Legal note
For landlords, the key is not whether to deduct, but whether you have evidence.
- Photos and a detailed check-in inventory before the tenancy
- Photos and cost breakdown at check-out
- Ensure the deposit is protected under a TDP scheme
- Use the dispute resolution process when disagreements arise; do not withhold deposits privately
Following these steps protects you legally and prevents tenants from labelling you as an unfair landlord.
