How to stop landlords stealing your rental deposit

Want to protect yourself from your landlord trying to unfairly keep some or all of your rental deposit? Find out how to protect yourself and what to do if you have a dispute.

This article was inspired by a conversation I had recently with a friend. Both of our sons had ended tenancies on properties, and in both instances the landlords had tried to keep their entire deposits.

It’s only because our sons both had savvy mums who guided them through the experience that these landlords were unable to retain their money for, in some cases, trumped up claims, grossly overestimated charges and damage that was not caused by them.

Had our sons not had the help of their mothers, these landlords would have walked away with their money. So I decided to write a guide to help other renters, including students, get their rental deposits back, and stop losing money to unethical, greedy landlords – or honest landlords unknowingly making deductions that don’t apply to them.

How the tenancy deposit scheme protects you

Luckily today, tenants, like our sons, are protected by the tenancy deposit scheme. Here’s how it works. When you pay the deposit on your rental property, it doesn’t remain with your landlord. Instead, they are supposed to pay it into a government-approved tenancy deposit scheme (TDP).

At the end of your tenancy, your landlord may decide to make deductions from your deposit, which must be put to you. If you agree with them, then you will be paid back your deposit, less these deductions, within 10 days.

However, if you dispute some or all of the deductions, and you and your landlord cannot agree, then you can use your tenancy deposit scheme’s free dispute resolution service. They will look at evidence provided by you and your landlord and decide how much of your deposit you should get back.

What are reasonable deductions from your rental deposit?

Some tenancy deposit deductions made by a landlord may be fair. Here are some reasonable deductions that could be made:

Cleaning
Damage
Gardening
Redecoration
Missing items
Rent arrears
Unpaid utilities
Removal of items left in the property

Basically, a landlord can expect you to return their property to them in the condition you found it (with the exception of fair wear and tear, which we will cover below). If they do decide to make any deductions, they have to be reasonable, and they must be able to prove they have suffered a financial loss.

What is ‘fair wear and tear’?

Your landlord cannot keep any of your deposit for fair wear and tear. This can include things like:

Small scuffs on walls
Faded curtains or furniture
Worn flooring or frayed carpets
General aging of appliances, fixtures, and fittings
Worn keys
Dirty windows
Chipped paint
Cracks in the plaster
Worn-out keys and door locks
Loose hinges

The amount of wear and tear deemed reasonable will depend on the length of your tenancy and the amount of people living in a property. So, for example, more wear and tear would be expected from a family renting a property for five years, compared to a couple renting for just six months.

How to protect yourself when you move into a property

Don’t wait until you move out of a property to protect yourself from a landlord attempting to keep your deposit – take steps from the moment you get the keys.

If you have rented your property through an agent, they will usually have conducted an inventory before handing over the property to you. But it is still good to be proactive and protect yourself as they may miss some things.

I recommend doing a video walkthrough of the property and garden while it’s still empty, noting anything that may be picked up when you leave, such as damage or poor decoration. Take photographs of anything you notice that isn’t working, is missing or is not in good condition too.

For example, when my son moved into his home I noticed patchy paintwork in a bedroom, and marks on a built-in dressing table – neither of which were picked up in the inventory. So I took photographs of them. These photographs helped us successfully reject the landlord’s attempt to charge for redecoration when the tenancy ended.

I also noted that a toilet seat was cracked and a central heating controller wasn’t working properly (the latter was not picked up in the inventory). My son raised these with the agent to ensure these were fixed and wouldn’t be attributed to him when he moved out.

It’s also important to inform the landlord of anything that breaks or goes wrong during your tenancy, so they have the opportunity to fix it, and prevent further damage. This will help to ensure you don’t get charged for it when you leave, too, if it’s not your fault.

What to do if a landlord makes unreasonable deductions from your deposit

If you don’t think some or all of the deductions your landlord wants to make from your deposit when you move out are reasonable, then challenge them.

Ask the landlord for a complete list of deductions and charges. If they are charging for repairs, ask for proof that they paid out the money, or will incur charges. Evidence can include:

Invoices and receipts: These should be itemised and relate to the claims being made.
Estimates and quotations: These should indicate the extent of charges needed to fix any damage.

There may be some back and forth between you and the landlord as you negotiate items they are making deductions for. In some cases you may reject the entire deduction, in others you may dispute the amount being charged.

Use any evidence you have to hand to back up your rebuttal to unfair deductions. In my son’s case, we were able to prove that deductions for some damage were unreasonable by combing through the inventory photos and proving it was already there when he moved in.

We also disputed the cost of a new recycling bin after calling the council and finding out these were replaced free of charge. In my friend’s son’s case, several deductions magically disappeared once he asked for invoices to back them up.

Always remember that you do not need to accept any deductions a landlord makes. If you think they are being unreasonable you can ask your tenancy deposit scheme’s dispute resolution service to adjudicate.

What happens if you dispute a landlord’s tenancy deposit deductions?

If you can’t agree with your landlord on tenancy deposit deductions, then your case will go to your tenancy deposit scheme’s dispute resolution service.

The scheme’s adjudicators are unbiased and will only consider evidence submitted during the dispute resolution process. The onus will be on your landlord to prove they have a genuine claim to a share of your deposit.

To do so, they must submit evidence. Depending on in the nature of their claim, this can include:

A signed copy of the tenancy agreement
Signed check-in and check-out inventory reports
Signed reports of periodic inspections
Invoices, receipts, estimates, or quotations
A statement of the rent account
Date-stamped photographs or video recordings
Correspondence, such as letters, emails, or text messages
Witness statements, such as from a contractor, neighbor, or previous tenant

Each deposit protection provider has their own timescale for the process, and these can vary from a few days to a few weeks. Adjudicators will only award what they think is a reasonable amount to landlords, and their decision is final and legally binding.

Always protect yourself and challenge any unfair deductions

While there are many good and honest landlords out there, sadly there are also unscrupulous people who will attempt to keep as much of your deposit as they can – whether they are entitled to it or not.

So, if you are renting a property, make sure you protect yourself. When you move in, ask for and keep a copy of the inventory, and collect and record your own evidence by:

Recording a walkthrough video tour of the empty property and garden, noting anything you see
Taking photos of anything important you notice
Telling your letting agent or landlord about anything that is broken or missing

And when your tenancy ends, don’t feel that you need to agree to any deductions you believe are unfair. Challenge the deductions and ask for evidence. If you can’t come to an agreement with your landlord, then use the tenancy deposit scheme resolution service. Remember: it is free and is there to protect you.