Can they take money from my deposit for wear and tear?

The three deposit schemes say the deposit “remains the tenant’s money until the landlord has successfully proven their claim”.¹

What they can’t charge for

Fair wear and tear. The deposit schemes define it as the effect of “reasonable use of the premises by the tenant and the ordinary operation of natural forces”.² That means things that gradually get worse over time, like paintwork or furniture.³ Light marks on a carpet and a few scuffs from everyday life may count.⁴
Making it better than it was. A landlord “should not end up, either financially or materially, in a better position” than at the start of the tenancy.⁵ If a carpet wore out gradually, they can’t charge you for a new one, and a few scuff marks don’t pay for redecorating a whole room.⁶
Damage from repairs they didn’t do. If you reported a leak and it got worse because they didn’t fix it, they can’t charge you for the damage it caused.⁷
Problems that were there when you moved in. The check-in report and your own move-in photos show what was already there.⁸
Their own time and hassle. Landlords generally can’t claim for their time and inconvenience.⁹
A professional clean or a gardener you were “required” to book. Requiring a professional clean isn’t allowed, and nor is requiring you to pay for gardening.

They can charge for damage. Citizens Advice gives a spill on the carpet, or a mark on the wall where you’ve hung a picture, as examples.¹⁰

Who has to prove what

The landlord does. You don’t have to prove your side.¹ In a dispute, the landlord has to show, on the balance of probabilities, that:

you broke the terms of your tenancy, for example by leaving the place dirtier or more damaged than at check-in, and
they’ve lost money as a result.¹¹

Even then, the adjudicator will only award what they think is a reasonable amount.¹²

Without a check-in report, an adjudicator is highly likely to reject the landlord’s claim.⁸ The most reliable reports have dated photos and are signed by the tenant.¹³
Invoices and receipts are stronger evidence than estimates and quotes. The landlord doesn’t have to have done the work yet to make a claim.¹⁴

How to get it back

Ask for your deposit back in writing once you’ve moved out.
If they propose deductions, ask for their evidence: the check-in and check-out reports, photos, and invoices or quotes. Letting agents who follow the Property Ombudsman’s code must give evidence such as quotes and invoices for any deduction they ask for.¹⁵ Use the dispute letter.
Don’t agree to anything you think is unfair. Once you both agree how much you’ll get back, your landlord must return it within 10 days.¹⁶ If you agree on part of it, you should usually get that part back quickly, even while you dispute the rest.¹⁷
If you can’t agree, use the deposit scheme’s free dispute service.¹⁸ An independent adjudicator looks at both sides’ evidence.¹⁹ The money stays protected in the scheme until the dispute is sorted out.²⁰

Things to know about the dispute service

You’ll usually have to raise a dispute within 3 months of moving out.²¹ Each scheme sets its own deadlines, so contact yours as soon as you can.²² For example, mydeposits gives three calendar months from the day you move out for deposits the landlord holds, and 90 days from when the release was started for deposits it holds itself.²³ The DPS gives you 14 calendar days to send your evidence once it asks.²⁴
Both of you have to agree to use it. If your landlord or agent refuses, you can take them to the small claims court instead.²⁵
You and your landlord both have to accept the decision.²⁶ It can only be challenged in court, if the adjudicator got the facts or the law wrong.²⁷
If the landlord holds your deposit (an “insured” scheme) and hasn’t paid it back within 10 days of you asking, tell the scheme. It must then direct the landlord to pay the money in to the scheme.²⁸

Your evidence

Citizens Advice suggests sending:²⁹

photos showing the condition of the property when you moved out
copies of the check-in and check-out reports
a receipt if you paid for the property to be cleaned
letters or emails about problems you reported that should have been fixed, such as a leak

Your own dated photos from move-in, any comments you sent back on the check-in report, and proof of when you returned the keys can help too.

If your deposit wasn’t protected

If your deposit isn’t in a scheme, you can apply to the county court instead,³⁰ and you may be owed much more. See can they keep my deposit if it was never protected?

References

Deposits, disputes and damages (PDF). Joint guide by the Tenancy Deposit Scheme, Deposit Protection Service and mydeposits, 2017. p. 5. the onus is on them to prove they have a legitimate claim to a share of the deposit, whilst the tenant has no obligation to prove their position. This is because the deposit remains the tenant’s money until the landlord has successfully proven their claim. ↩ ↩²
Deposits, disputes and damages, p. 16. reasonable use of the premises by the tenant and the ordinary operation of natural forces ↩
Getting your tenancy deposit back. Citizens Advice. Your landlord or letting agent can’t take money from your deposit for ‘reasonable wear and tear’. This means things that gradually get worse or need replacing over time, for example paintwork, or a piece of furniture. ↩
Deposits, disputes and damages, p. 18. Scuffs and scrapes are unavoidable in normal family life. Light marks on a carpet might have to be viewed as unavoidable. ↩
Deposits, disputes and damages, p. 17. the landlord should not end up, either financially or materially, in a better position than they were at start of the tenancy ↩
Getting your tenancy deposit back, Citizens Advice. replace a worn carpet with a new one if it’s worn out gradually over time; decorate a whole room if there are a few scuff marks on a wall that have appeared while you’ve lived in the property ↩
Getting your tenancy deposit back, Citizens Advice. fix any damage caused by a repair they didn’t do when they should have, for example a leak you told them about that got worse and damaged the floor ↩
Deposits, disputes and damages, p. 11. The adjudicator will use the inventories to compare the property condition at the beginning and end of the tenancy and without it, they’re highly likely to reject the landlord’s claim. ↩ ↩²
Deposits, disputes and damages, p. 12. Generally, landlords can’t claim for their time and inconvenience ↩
Getting your tenancy deposit back, Citizens Advice. you’ve damaged the property - this could be something like a spill on the carpet or a mark on the wall where you’ve hung a picture ↩
Deposits, disputes and damages, p. 6. balance of probabilities” that the tenant has breached their obligations, and that the Landlord has suffered, or is likely to suffer, a loss as a result. ↩
Deposits, disputes and damages, p. 8. Adjudicators will only award what they think is a reasonable amount to landlords. ↩
Deposits, disputes and damages, p. 11. contain dated photos … have been signed by the tenant ↩
Deposits, disputes and damages, p. 12. Estimates and quotes aren’t as strong evidence as invoices or receipts because they’re not showing a cost that’s actually been incurred. the landlord doesn’t need to have completed remedial work in order to make a claim. ↩
Code of Practice for Residential Letting Agents (England) (PDF). The Property Ombudsman, updated 1 May 2026. para 17d, p. 11. evidence (such as quotations and invoices) must be provided to substantiate any requested deductions from a tenant’s deposit. ↩
Tenancy deposit protection. GOV.UK. Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back. ↩
Getting your tenancy deposit back, Citizens Advice. If you agree about part of your deposit, you should get back the money you agree on quickly. You’ll usually get your money back in 10 days - it depends on your situation and what scheme your deposit is in. ↩
Deposits, disputes and damages, p. 5. all deposit protection providers operate a free Dispute Resolution Service to decide how the deposit should be divided between them. ↩
Tenancy deposit protection: disputes and problems. GOV.UK. You’ll both be asked to provide evidence ↩
Tenancy deposit protection, GOV.UK. If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out. ↩
Getting your tenancy deposit back, Citizens Advice. You’ll usually have to make your claim to the ADR service within 3 months of moving out of the property. ↩
Tenancy deposit protection: disputes and problems, GOV.UK. There may be a limit on the time you have to raise a dispute. Contact the TDP scheme as soon as possible. ↩
Raise a dispute. mydeposits. within three calendar months of the date that you move out of the property or the date your deposit becomes unprotected, whichever is sooner; you are able to initiate resolution within 90 days of the release being started. ↩
Tenant dispute resolution process. Deposit Protection Service. We’ll email you when it’s time to submit your evidence. You then have 14 calendar days from the date of that email to submit your evidence. ↩
Tenancy deposit protection: disputes and problems, GOV.UK. You do not have to use the service but if you do, both you and the landlord have to agree to it. Getting your tenancy deposit back, Citizens Advice. If your landlord or letting agent refuses to use the ADR service you can take them to court instead. You’ll need to take your landlord to the small claims court to get your money back. ↩
Getting your tenancy deposit back, Citizens Advice. You and your landlord will have to accept whatever the ADR service decides - you won’t be able to challenge it. ↩
Deposits, disputes and damages, p. 7. final and legally binding, unless there is an error of fact or law by the adjudicator. The only way it can be challenged is through a Court of Law. ↩
Housing Act 2004, Sch. 10, para. 6(2)–(3). the tenant has requested the landlord to repay to him the whole or any part of the deposit, and the amount in question (“the outstanding amount”) has not been repaid to him within the period of 10 days beginning with the date on which the request was made. On receiving a notification in accordance with sub-paragraph (2), the scheme administrator must direct the landlord— (a)to pay an amount equal to the outstanding amount into a designated account held by the scheme administrator ↩
Getting your tenancy deposit back, Citizens Advice. photos showing the condition of the property when you moved out a receipt if you paid for the property to be cleaned professionally letters or emails about problems you reported to your landlord that should have been fixed, for example a leaky toilet that caused further damage ↩
Tenancy deposit protection: disputes and problems, GOV.UK. You may be able to apply to your local county court to get your deposit back if your deposit was not protected by an approved TDP scheme. ↩