Deposits — what they can and can't take

What the Law Actually Says

Since 2007, landlords in England and Wales must protect deposits in a government-approved scheme — either the Tenancy Deposit Scheme (TDS), the Deposit Protection Service (DPS), or MyDeposits — within 30 days of receiving them. If your landlord fails to protect your deposit or provide the prescribed information, the consequences are significant. They cannot serve a valid Section 21 notice, and you can apply to court for compensation of between one and three times the deposit amount. Fair wear and tear is a key concept here. It refers to the natural deterioration of a property through normal, reasonable use — scuffs on walls, minor carpet wear, faded paintwork. Landlords cannot charge you for fair wear and tear.

What This Means for You

You have strong legal protections around your deposit. If your landlord tries to make deductions you believe are unfair, you can dispute them through the deposit scheme's free dispute resolution service — you don't need a solicitor. The key to winning a dispute is evidence. Detailed check-in and check-out inventories, with photos, are your best protection.

What To Do Next

• Take detailed photos and videos when you move in — every room, every wall, every appliance — and keep them somewhere safe
• Do the same when you move out, on the day you hand back the keys
• Check your deposit is protected using the government's deposit checker at gov.uk/tenancy-deposit-protection
• Request a written check-out report from your landlord and respond in writing if you disagree with any findings
• Use the deposit scheme's free dispute resolution service if you can't agree

Common Mistakes

• Not documenting the property's condition at the start of the tenancy
• Accepting unfair deductions without challenging them
• Not knowing your deposit must be protected by law
• Confusing fair wear and tear with actual damage
• Waiting too long to raise a dispute after the tenancy ends