Your deposit questions, answered.

Notice and possession are outside the deposit process, so check GOV.UK’s guidance or ask a solicitor. Since 1 May 2026 section 21 notices can’t be used in England, and GOV.UK describes a selling ground, Ground 1A, with at least four months’ notice, which can’t be used in the first 12 months of the tenancy, and the property can’t then be marketed or re-let for 12 months. A property can also be sold with the tenant in place. On the deposit, a court will only make a possession order if it was protected and the prescribed information given, or it was returned. Wales has its own rules.

SourcesHousing Act 1988, section 8 (notice periods)Housing Act 1988, Schedule 2, Part I (Ground 1A)GOV.UK: Evicting tenants in England, section 8 noticeGOV.UK: Guide to the Renters’ Rights ActGOV.UK: Renters’ Rights Act, an overview for landlords

Possibly: it depends on whether the deposit passed to the buyer and whether you were released. Under section 3 of the Landlord and Tenant (Covenants) Act 1995, the buyer takes on the landlord’s obligations under the tenancy, but you aren’t automatically freed from them. Sections 6 and 8 let you apply for release by notice to the tenant, served before the sale or within 4 weeks after; it takes effect if the tenant doesn’t object in writing within 4 weeks, or a court agrees. If you kept the deposit, mydeposits’ rules hold you responsible if the tenant raises a case and the scheme wasn’t told the property changed hands.

SourcesLandlord and Tenant (Covenants) Act 1995, section 3Landlord and Tenant (Covenants) Act 1995, section 6Landlord and Tenant (Covenants) Act 1995, section 8mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Shelter Legal England: Tenancy deposit protection when a landlord changes

You may well be, for returning it at the end. Under section 3 of the Landlord and Tenant (Covenants) Act 1995, a buyer takes on the landlord’s obligations under the tenancy, and Shelter’s legal guidance reads this as making the new landlord responsible for repaying the deposit even if the seller kept it. Its view is that the duty to have protected the deposit, and the penalty risk, stay with the seller who received it. It still affects you: in England a court will only make a possession order if the deposit is protected or has been returned. Ask the seller for the money and scheme details, and check your purchase contract.

SourcesLandlord and Tenant (Covenants) Act 1995, section 3Shelter Legal England: Tenancy deposit protection when a landlord changesGOV.UK: Renters’ Rights Act, an overview for landlordsHousing Act 2004, section 215

Section 214 of the Housing Act 2004 has the court order the landlord to pay one to three times the deposit, and section 212(9) treats an agent acting for you as the landlord. mydeposits’ rules make the same point: the landlord is ultimately responsible even when an agent is instructed. A landlord may then seek to recover the loss from the agent. In a case The Property Ombudsman published in 2025, an agent who failed to protect a deposit had to pay the landlord £7,296.92 for the financial loss and £800 for distress. Routes include the agent’s complaints procedure, then its redress scheme, or a court claim.

SourcesHousing Act 2004, section 212Housing Act 2004, section 214mydeposits: Insured-backed scheme rules, ninth edition (July 2026)The Property Ombudsman case study: Deposit registration failure leads to landlord compensation (December 2025)The Property Ombudsman: How it works

You can try, but you still owe your tenant their deposit meanwhile. mydeposits tells agents to explain that landlords remain responsible for the deposit even if the agent acts fraudulently or becomes insolvent. Start with a written demand under your agency agreement and the agent’s complaints procedure. After 8 weeks, or once you have its final response, you can complain to its redress scheme, such as The Property Ombudsman, within 12 months of that response. If the agent held client money and can’t repay it, for example because it’s in administration, its client money protection scheme may compensate you. You can also make a court claim for the money.

Sourcesmydeposits: Insured-backed scheme rules, ninth edition (July 2026)The Property Ombudsman: How it worksRedress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, article 3GOV.UK: Protecting clients’ money if you’re a property agentGOV.UK: Make a court claim for money

It depends on the type of protection. With a custodial deposit, the money stays with the scheme and only the account managing it changes: at DPS the current agent can transfer responsibility online, or the new agent can request it, and TDS’s custodial rules require a change of managing agent to be recorded within 30 days. With an insured deposit, the old agent holds the money, so it must pay it to the new agent or to you, and the new holder protects it in their own name: mydeposits says protections can’t be transferred. Keep the old protection running until the new one exists, and give the tenant updated prescribed information.

SourcesDPS: Quick answers (transferring responsibility for a deposit)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 213

Not in itself. The Housing Act 2004 treats an agent acting for you as the landlord for deposit protection, and a managing agent normally protects the deposits it holds through its own scheme account. mydeposits requires agent members to register their landlord clients, who can open their own account to see the protection. The risk comes when the agent changes or stops trading: mydeposits says deposits stop being protected 90 days after an agent’s membership is put into cancellation, and you stay responsible to the tenant. Check that the scheme record shows the right agent, tenants and amount, and ask for the deposit protection certificate.

SourcesHousing Act 2004, section 212mydeposits: Insured-backed scheme rules, ninth edition (July 2026)DPS: Quick answers (transferring responsibility for a deposit)

The legal duty is yours, but whoever holds the money has to protect it. Section 212(9) of the Housing Act 2004 treats an agent acting for you as the landlord, so the 30-day deadline may run from when the agent received the deposit. mydeposits only lets agents protect deposits they hold: if the agent passes the money to you, you must join a scheme and protect it yourself. Agree in writing who will do it, and get the deposit protection certificate and a copy of the prescribed information. In a case The Property Ombudsman published, an agent that missed the deadline had to pay the landlord’s losses.

SourcesHousing Act 2004, section 212Housing Act 2004, section 213mydeposits: Insured-backed scheme rules, ninth edition (July 2026)The Property Ombudsman case study: Deposit registration failure leads to landlord compensation (December 2025)

The tenancy carries on with the buyer as landlord, so the deposit should pass to them with protection kept continuous. Under section 3 of the Landlord and Tenant (Covenants) Act 1995 the buyer takes on the landlord’s obligations, including repaying the deposit. For a custodial deposit, tell the scheme: DPS needs the buyer’s landlord ID to switch the tenancy, and TDS’s rules require a sale to be recorded within 30 days. For an insured deposit, hand the money to the buyer on completion so they can protect it in their own name. mydeposits says not to end the protection yourself, but to upload proof that the buyer has protected it.

SourcesLandlord and Tenant (Covenants) Act 1995, section 3DPS Custodial Terms and Conditions (v35, May 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Shelter Legal England: Tenancy deposit protection when a landlord changes

It needs moving into your name at least, and with some insured schemes that means protecting it again. With a custodial deposit, the scheme can move it to your account: at DPS the seller makes the change using your landlord ID, and DPS issues a new deposit ID. mydeposits says insured protections can’t be transferred, so you protect the money you receive within 30 days, as section 213 of the Housing Act 2004 requires. Either way, TDS’s rules say prescribed information should be served when the landlord changes, so give your tenant new prescribed information. If the seller never handed over the deposit, ask for it before anything else.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 213TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)Shelter Legal England: Tenancy deposit protection when a landlord changes

Often you, as the new landlord, though you can pursue the previous owner. Section 3 of the Landlord and Tenant (Covenants) Act 1995 passes the landlord’s obligations under a tenancy to the buyer, and Shelter’s legal guidance says the new landlord generally has to return the deposit even if it was never handed over. The seller isn’t automatically released: they stay liable unless released after notice to the tenant under sections 6 and 8. Keep a record of what you asked the seller for, and consider a claim against them for the money. A court in England will only make a possession order if the deposit is protected or returned.

SourcesLandlord and Tenant (Covenants) Act 1995, section 3Landlord and Tenant (Covenants) Act 1995, section 6Shelter Legal England: Tenancy deposit protection when a landlord changesGOV.UK: Renters’ Rights Act, an overview for landlords

Use your scheme’s change-of-landlord process, and keep protection continuous. At DPS, the buyer opens a landlord account and gives you their landlord ID, then you make the change online; DPS tells both landlords and the tenants and issues a new deposit ID. TDS’s custodial rules say a sale must be recorded within 30 days. For an insured deposit, hand the money over on completion, usually under the sale contract, and the buyer protects it with their own scheme; mydeposits asks you to upload proof of the new protection rather than ending the old one yourself. The buyer should then give the tenant new prescribed information.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Shelter Legal England: Tenancy deposit protection when a landlord changes

The tenancy and the deposit obligations carry on. The landlord’s property passes to their personal representatives under section 1 of the Administration of Estates Act 1925; where there is no will or no executor, it vests in the Public Trustee until a grant is made. The personal representatives deal with the scheme: mydeposits asks for the will, death certificate and any grant of probate to move the membership, and TDS’s rules ask the representatives of a joint landlord who dies to say how the property was owned. A custodial deposit stays with the scheme; for an insured deposit, find where the landlord or agent held the money.

SourcesAdministration of Estates Act 1925, section 1Law of Property (Miscellaneous Provisions) Act 1994, section 14 (vesting in the Public Trustee)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)

It depends on whether the tenancy binds the lender. Shelter’s legal guidance says a lender that repossesses is responsible for returning the deposit only if it is bound by the tenancy and becomes the landlord, as can happen where it consented to the letting. Where you let without the lender’s consent, the government’s guidance on the Mortgage Repossessions (Protection of Tenants etc) Act 2010 says the tenant should take deposit issues up with you or the scheme, and that there is no role for the lender. A custodial deposit stays with the scheme until there is an agreement, a decision or a court order.

SourcesShelter Legal England: Tenancy deposit protection when a landlord changesGOV.UK: Guidance to the Mortgage Repossessions (Protection of Tenants etc) Act 2010TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

It needs moving into the company’s name at least, and with some insured schemes that means protecting it again. The company becomes the landlord. At DPS, it needs its own landlord account and ID, and you transfer the tenancy to it online. mydeposits says membership isn’t transferable, a company needs its own, deposit protections can’t be transferred, and a member who transfers a property must upload proof the deposit has been re-protected. TDS’s rules say an ownership transfer must be recorded within 30 days and prescribed information served when the landlord changes. Pass the deposit money to the company if you hold it.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)Housing Act 2004, section 213

It should carry on without a gap, but how depends on who holds the money. A custodial deposit stays with the scheme throughout; only the account managing it moves, and TDS’s custodial rules require a change of managing agent to be recorded within 30 days. An insured deposit sits in the outgoing agent’s client account under its scheme membership, so the money must be paid across and protected by the new agent, or by you, before the old protection ends. Ask the old agent for a handover list of every deposit, scheme and reference, and check each one with the scheme. Give your tenants updated prescribed information.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS: Quick answers (transferring responsibility for a deposit)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 213

Ask the agent in writing to transfer the deposit and its protection to you, and open your own scheme account first. For a custodial deposit, you can request the transfer: DPS contacts the agent and, if it doesn’t respond within seven calendar days, moves the deposit to your account. For an insured deposit, the agent must pay you the money. mydeposits only lets agents protect deposits they hold, so once you hold it you must join a scheme and protect it yourself, within 30 days. Keep the agent’s protection running until yours is in place, then give your tenant new prescribed information with your details.

SourcesDPS: Quick answers (transferring responsibility for a deposit)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 213TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)

Put your request in writing, then escalate. The agent holds the deposit for you: mydeposits requires agents to keep landlord clients’ deposits in a client account, never as the agent’s own money. With a DPS custodial deposit, you or the new agent can request a transfer, and DPS completes it if the old agent doesn’t respond within seven calendar days. Otherwise, use the agent’s complaints procedure; after 8 weeks, or its final response, you can complain to its redress scheme, such as The Property Ombudsman, within 12 months. You can also make a court claim. Meanwhile, check the deposit is still protected.

Sourcesmydeposits: Insured-backed scheme rules, ninth edition (July 2026)DPS: Quick answers (transferring responsibility for a deposit)The Property Ombudsman: How it worksRedress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, article 3GOV.UK: Make a court claim for money

Scheme rules keep the landlord responsible. mydeposits requires agents to tell landlords they are ultimately responsible for the deposit even if the agent becomes insolvent, and its insurer may pursue landlord clients for money it pays out. A custodial deposit stays with the scheme, so ask for the account to be moved to you. An insured deposit in the agent’s client account may be lost: check its status with the scheme, and claim from the agent’s client money protection scheme and the insolvency practitioner. DPS’s insured terms let it end protection if the agent is subject to an insolvency order, so it may need protecting again.

Sourcesmydeposits: Insured-backed scheme rules, ninth edition (July 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)GOV.UK: Protecting clients’ money if you’re a property agentDPS Insured Terms and Conditions (v30, May 2026)

Largely, for the deposit itself. In a custodial scheme the scheme holds the money, not your agent, from when it’s paid in until it’s repaid, so an agent’s insolvency doesn’t touch it. Two gaps remain. The agent has up to 30 days after receiving the deposit to pay it in. And at the end, the scheme pays your share to whoever is registered: TDS’s custodial rules say it normally pays the registered landlord or agent, who must account to you. Rent and other money the agent holds aren’t covered, though an agent in England that holds client money must belong to a client money protection scheme.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)Housing Act 2004, section 213DPS Custodial Terms and Conditions (v35, May 2026)GOV.UK: Protecting clients’ money if you’re a property agent

Yes: ask your agent, who acts for you, for copies. The schemes deal with whoever registered the deposit, so the agent usually holds the case. TDS’s custodial dispute rules ask ’the landlord, or any agent acting on their behalf’ for a dispute summary and evidence within 5 working days, and send the decision to the landlord or agent. mydeposits asks agents to register their landlord clients, who can set up their own account to see the protection details. Ask to see the summary and evidence before they are sent, because the adjudicator considers only what arrives in time and the claim is yours.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Insured-backed scheme rules, ninth edition (July 2026)Housing Act 2004, section 212

Contact the scheme straight away if the window is still open, then look to the agent. TDS’s custodial rules say that if the landlord’s side doesn’t respond in time, the adjudicator is likely to return the disputed deposit to the tenant. TDS may grant an extension if asked with reasons; DPS’s terms make no provision for one. After a decision, the schemes review only clear errors, and new evidence isn’t considered. If the agent’s failure cost you money, complain to the agent, then after 8 weeks to its redress scheme, such as The Property Ombudsman, which can award compensation. You can also claim against the agent in court.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)The Property Ombudsman: How it worksRedress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, article 3GOV.UK: Make a court claim for money

Yes, if your agent is a member, and about the agent’s service rather than the dispute itself. Letting agents in England must belong to a government-approved redress scheme, such as The Property Ombudsman. TPO says to complain to the agent first; you can go to TPO after 8 weeks, or once you have the agent’s final response, and within 12 months of it. TPO can’t resolve deposit disputes, which stay with your deposit scheme, and won’t look at issues already decided by a court. It can require the agent to put things right, including paying compensation; it says its average awards are £100 to £400.

SourcesThe Property Ombudsman: How it worksRedress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014, article 3The Property Ombudsman case study: Deposit registration failure leads to landlord compensation (December 2025)

Yes, if your agency agreement provides for it. Fees between you and your agent are a matter of contract, and under section 83 of the Consumer Rights Act 2015 a letting agent must publish its fees, with a description and the amount, at its premises and on its website. Check the terms you signed before the dispute starts. Don’t expect to recover the fee through the deposit: the Tenant Fees Act 2019 limits what tenants in England can be charged, and mydeposits says it won’t award the costs of professional representation, which each side pays for itself.

SourcesConsumer Rights Act 2015, section 83 (letting agents to publicise fees)GOV.UK: Fees you can charge as part of a tenancymydeposits: Conditions of resolution, insured-backed (July 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Usually the agent, because the scheme deals with whoever registered the deposit, but you stay responsible for the outcome. TDS’s custodial dispute rules ask ’the landlord, or any agent acting on their behalf’ for the claim summary and evidence within 5 working days. If you’ve ended the agent’s instruction, ask for the deposit to be moved to your own account first. For an insured deposit, mydeposits tells agents to consider their duty to lodge any unresolved amount before handing the deposit to the landlord. Agree in writing who will prepare and send the evidence, and ask to see it before it goes.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Insured-backed scheme rules, ninth edition (July 2026)DPS: Quick answers (transferring responsibility for a deposit)Housing Act 2004, section 212

The dispute can still go ahead, but you may have to step in and fund it. With a custodial deposit, the money is with the scheme, so the case continues once the scheme knows who now acts for you. With an insured deposit, the disputed amount may have been lost with the agent. mydeposits says a tenant can still raise a case when an agent member is no longer trading; if the amount isn’t lodged, its insurer pays any award to the tenant and may pursue the landlord client. Tell the scheme you’re taking over, and claim from the agent’s client money protection scheme or insolvency practitioner.

Sourcesmydeposits: Insured-backed scheme rules, ninth edition (July 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)GOV.UK: Protecting clients’ money if you’re a property agentTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)

There is no fixed legal deadline for proposing deductions, but once you and your tenant agree how much they get back, the deposit must be repaid within 10 days, as GOV.UK says. For a custodial deposit, the scheme pays it: the Housing Act 2004 gives it 10 days from being told of the agreement, and TDS Custodial aims for 2 working days. For an insured deposit you pay it. If a tenant asks and isn’t repaid within 10 days, they can notify the scheme, which can direct you to pay the money to it. TDS’s rules expect you to propose deductions promptly.

SourcesGOV.UK: Deposit protection schemes and landlordsHousing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)

You can deduct what the tenant owes you under the tenancy: a deposit is security for the tenant’s obligations, under section 212 of the Housing Act 2004. In practice that means cleaning, damage, redecoration, missing items, gardening, rent arrears and unpaid bills the tenant was responsible for, each backed by evidence. You can’t deduct for fair wear and tear, or claim more than your actual, reasonable loss: an old item is claimed as a share of its cost, not new for old. In England, the Tenant Fees Act 2019 allows damages for a breach of the tenancy agreement.

SourcesHousing Act 2004, section 212TDS: What can I use my tenant’s deposit for?Guide to Deposits, Disputes and Damages (the three schemes, revised July 2026)Tenant Fees Act 2019, Schedule 1

Yes. TDS’s custodial scheme rules say that, as a minimum, you must tell your tenant in writing, promptly after the tenancy ends, what you propose to deduct and why, and give them a reasonable chance to respond. The other schemes build the same step into their processes: DPS’s insured terms ask for an itemised breakdown of your claim, and mydeposits has you set out each deduction as a separate settlement item with its evidence. A clear, itemised list with costs and evidence helps the tenant respond and gives an adjudicator something to follow.

SourcesTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)DPS insured terms and conditions (v30, May 2026)mydeposits: Conditions of resolution, insured (July 2026)Guide to Deposits, Disputes and Damages (the three schemes, revised July 2026)

It depends on whether the tenant owed it under the tenancy. A deposit is security for the tenant’s obligations, so a deduction has to rest on something the tenant was bound to do and didn’t. The schemes’ joint guide says an adjudicator needs the written tenancy terms to establish those obligations, and TDS says that without a clause allowing the deposit to be used, an award to the landlord is unlikely. Before claiming, check the agreement for a deposit clause and for the specific obligation, such as cleaning or garden upkeep.

SourcesHousing Act 2004, section 212Guide to Deposits, Disputes and Damages (the three schemes, revised July 2026)TDS: What can I use my tenant’s deposit for?

Settle the agreed part and take only the rest to the dispute. With a custodial deposit, the scheme pays out the undisputed amount; TDS Custodial does so within 1 working day of the case moving to evidence gathering. With an insured deposit, pay the tenant the agreed part yourself promptly and send only the disputed amount to the scheme. DPS’s insured terms say using the dispute service doesn’t remove the duty to pay other amounts due. You and your tenant can still negotiate and settle the rest at any stage before the adjudicator decides.

SourcesTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)DPS insured terms and conditions (v30, May 2026)Guide to Deposits, Disputes and Damages (the three schemes, revised July 2026)GOV.UK: Deposit protection schemes and landlords

Silence isn’t agreement, so keep a record of what you sent and use your scheme’s route for an absent party. At TDS Custodial, if the tenant hasn’t replied to a repayment request after 15 working days, you can use its statutory declaration procedure; the tenant then has 14 days to object. DPS’s custodial route opens if the tenant hasn’t replied within 14 days of your written notice, and at least 14 days after the tenancy ended. mydeposits custodial has a similar single release process.

SourcesTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)DPS custodial terms and conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)Housing Act 2004, Schedule 10

They don’t have to be, but you should invite them. The schemes’ joint guide says the tenant doesn’t have to attend the check-out, but should be encouraged to, invited, and given the chance to discuss the findings and sign the report. If they don’t come, keep the invitation: records of it can be useful evidence. Do the check-out as soon as possible after the keys come back, using the same layout and wording as the check-in report so the two can be compared room by room.

SourcesGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)

You can leave the amount you intend to claim unpaid while you gather quotes, but don’t let it drag on. Quotes and estimates count as evidence, and the joint guide says you don’t need to have done the work to make a claim, though invoices carry more weight. TDS’s rules expect you to tell the tenant your proposed deductions promptly after the tenancy ends. For an insured deposit, if the tenant asks for repayment and isn’t repaid within 10 days, they can involve the scheme, which can direct you to pay the money to it.

SourcesGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)Housing Act 2004, Schedule 10

You can claim what the tenant owed up to the end of the tenancy, with evidence, but first be clear when it ended. In England, a tenant on an assured periodic tenancy ends it with at least two months’ written notice, or earlier if you both agree, and must pay rent during the notice period. For rent arrears, send a full rent account statement: the joint guide says bank statements alone are less compelling. If you can’t reach the tenant, custodial schemes have a statutory declaration route once 14 days have passed since the tenancy ended.

SourcesGOV.UK: Renters’ Rights Act, overview for tenantsGuide to Deposits, Disputes and Damages (the three schemes, revised July 2026)Housing Act 2004, Schedule 10DPS custodial terms and conditions (v35, May 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)

Not through the deposit scheme: an adjudicator can’t award more than the deposit, or the disputed amount in an insured case. You can claim the rest through the county court, where a claim worth up to £10,000 normally goes on the small claims track. TDS’s custodial leaflet says that where a larger amount is in dispute, you may need to go to court. Still set out every cost with its evidence, so it’s clear what the deposit covers and what you’re claiming separately.

SourcesTDS key documents (TDS Custodial Scheme Rules, 2nd edition, and "What is the TDS Custodial Scheme?" leaflet, version 4, both effective 1 May 2026)DPS insured terms and conditions (v30, May 2026)Civil Procedure Rules, Part 26

Only if you agree. The deposit is security for the tenant’s obligations, and GOV.UK says the tenant must keep paying rent during the notice period until the tenancy ends. TDS says landlords may accept the deposit in place of the last month’s rent but aren’t obliged to, and warns that if they do, nothing is left to cover damage, cleaning or redecoration, and its free dispute service can’t help because there is nothing to distribute. TDS suggests waiting for the check-out report before deciding. If the tenant simply doesn’t pay, it is rent arrears, which you can claim from the deposit at the end if your agreement allows.

SourcesTDS: #AskTDS, Can I use my deposit to cover my final month’s rent?GOV.UK: Assured periodic tenancies, a guide for landlordsHousing Act 2004, section 212A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

It can close a disagreement without adjudication, as long as the wording is clear and you both sign. State the total the tenant will receive, how and when it’s paid, and that it settles all claims about the deposit and the property’s condition. While negotiating, TDS’s dispute rules say adjudicators take earlier offers into account unless they were made ’without prejudice’, and won’t adjudicate anything already agreed. Then tell the scheme: DPS pays out an agreed split, and mydeposits asks for written proof of the agreement. Court rules also expect both sides to try to settle before going to court.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)Practice Direction: Pre-Action Conduct and Protocols

That’s your decision, and a solicitor can explain how the law applies to your facts. If the deposit wasn’t protected, or the prescribed information wasn’t given, within 30 days, section 214 of the Housing Act 2004 says the court must order one to three times the deposit, and can order it repaid. Protecting late doesn’t stop a claim. In England, GOV.UK says a court can make a possession order once the tenant’s deposit claim has been decided, settled or withdrawn. Court rules expect both sides to exchange information and try to settle before a claim.

SourcesHousing Act 2004, section 214Housing Act 2004, section 213GOV.UK: Renters’ Rights Act, an overview for landlordsPractice Direction: Pre-Action Conduct and Protocols

You can revise it if you find costs you didn’t know about, but expect the earlier figure to be looked at closely. TDS’s dispute rules say adjudicators take into account offers made by either side unless they were made ’without prejudice’, and won’t adjudicate anything already agreed. At TDS Custodial, a claim through the statutory declaration route can’t exceed what you claimed in your repayment request. Explain any change in writing, with new evidence such as a contractor’s invoice. An adjudicator can’t award more than the deposit: mydeposits says no award exceeds the protected amount.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

It depends on how the clause is worded and how an adjudicator or court reads it. The law sets no single deadline for proposing deductions, so a deadline you agreed to is a term of your contract, and the tenant may point to it. Adjudicators decide using the tenancy agreement’s terms, and TDS’s rules already expect you to tell the tenant your proposed deductions in writing, promptly after the tenancy ends. If you’ve missed the date, send your proposal now, explain the delay, and include your evidence. mydeposits expects contact within 10 calendar days of the tenancy ending.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Keep clear records from the start and talk to your tenant at the end. The schemes’ joint guide says inventories can prevent disputes as well as decide them: make the check-in report detailed, with photos, and say if items are new. Carry out periodic inspections and put any follow-up in writing. Invite the tenant to the check-out, done as soon as the keys come back, in the same format as check-in. Propose only reasonable, evidenced deductions that allow for fair wear and tear, and return the undisputed part promptly. The guide notes many disputes could be resolved by landlords and tenants simply talking.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Insured-backed scheme rules, ninth edition (July 2026)

First, confirm when the tenancy ends: in England, a tenant on a periodic tenancy usually gives at least 2 months’ written notice and must pay rent until it ends. Keep an up-to-date rent account. At the end, do the check-out, then write to the tenant promptly with itemised deductions, including the arrears and a rent statement. If your agreement has a deposit-use clause, you can claim the arrears from the deposit. Return any undisputed balance, or agree it through the scheme. If the tenant doesn’t agree, use the scheme’s dispute service within its time limits, sending the tenancy agreement and a full rent statement.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: #AskTDS, Can I use my deposit to cover my final month’s rent?

Use a short letter or email that you both confirm, recording the deposit amount, how much goes towards rent, which rental period it covers, and that it’s by agreement. Say what happens to anything left over, and that the tenant remains responsible for damage, cleaning and other breaches found at check-out. TDS warns that if the whole deposit goes on rent, its dispute service can’t help, so any later claim would have to go to court. With a TDS custodial deposit, repayment can only be requested once the tenancy has ended, so you’d submit the agreed split then. Do the check-out report and photos as usual.

SourcesTDS: #AskTDS, Can I use my deposit to cover my final month’s rent?TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Yes, if the deposit is insured and you hold it, but keep proof. Pay in the most traceable way you can: a cheque sent by tracked post to the tenant’s forwarding address, or cash against a signed receipt. A cheque that’s never cashed hasn’t paid the tenant, so keep the money aside until it clears. mydeposits expects you to contact the tenant within 10 calendar days of the tenancy ending, repay anything you won’t keep, and keep copies of every attempt, noting that a tenant has six years to claim in court. With a custodial deposit the scheme makes the payment, and has a route for when one side won’t respond.

Sourcesmydeposits: Insured-backed scheme rules, ninth edition (July 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)

Use your custodial scheme’s absent-party route, once at least 14 days have passed since the tenancy ended. You make a statutory declaration, sworn before a solicitor, commissioner for oaths or magistrate, giving the date the tenancy ended, your attempts to reach the tenant, any contact details you hold and how you worked out the amount. Under Schedule 10 to the Housing Act 2004 the claim can only cover unpaid rent, other sums due under the tenancy or damage, not fair wear and tear. TDS, DPS and mydeposits custodial all offer this; TDS lets you use it once the tenant hasn’t answered your repayment request for 15 working days. A false declaration can be prosecuted under the Perjury Act 1911.

SourcesHousing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Scheme rules, custodial, England and Wales (April 2024)

14 days. Once a custodial scheme accepts your statutory declaration, it sends the tenant a copy and gives them 14 days to object, as Schedule 10 to the Housing Act 2004 requires. TDS counts the 14 days from when the tenant receives it and pays you within 10 days after the deadline. DPS counts 14 calendar days from when it issues its notice and pays within 10 calendar days of that deadline. mydeposits custodial also gives 14 days. So allow around four weeks from the scheme accepting your declaration. If the tenant objects in time, the claim goes to the dispute service, and a tenant who objects without saying whether they consent is treated as consenting.

SourcesHousing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Scheme rules, custodial, England and Wales (April 2024)

Tell them in writing that rent stays due until the tenancy ends and that the deposit isn’t a substitute for it. GOV.UK’s guide for landlords says a tenant must keep paying rent during the notice period. TDS warns landlords to think twice about letting the deposit cover the final month’s rent, because nothing may then be left for cleaning or damage found at check-out. Keep an up-to-date rent statement, carry out the check-out, and once the tenancy has ended claim the unpaid rent and any other losses from the deposit, if your tenancy agreement allows it. If the total is more than the deposit, the rest can only be claimed through the courts.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsTDS: #AskTDS, My tenants haven’t paid rent since I gave them notice. Can I recover these costs from their deposits?A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS Custodial Terms and Conditions (v35, May 2026)

Within a few days. DPS’s custodial terms (v35, May 2026) say a full refund to the tenant is paid within 5 calendar days of the tenant giving their payment details, and amounts the tenant agrees you should receive are paid within 5 working days of you confirming you accept their response. DPS’s repayment page says it pays within 7 working days once the tenants agree. Both are inside the 10 days the Housing Act 2004 allows a custodial scheme after both sides agree. Check your bank details carefully: DPS isn’t obliged to recover money paid out to wrong details entered online. With DPS Insured you hold the deposit and repay the tenant yourself.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)DPS: The repayment processHousing Act 2004, Schedule 10DPS Insured Terms and Conditions (V30, May 2026)

90 days from the date the tenant moved out. Under mydeposits’ insured-backed conditions of resolution (July 2026), recording the move-out date starts a 90-day protection period. You can keep negotiating, but the release must be moved to resolution inside that window; if it isn’t, the release closes, the protection ends and mydeposits can’t help further. To move it to resolution yourself you must lodge the unresolved amount with mydeposits. Both sides then have 10 working days to finalise their evidence and say whether they want adjudication or court. Start the release soon after check-out so there’s time to negotiate before the deadline.

Sourcesmydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)

With an insured deposit you already hold the money, so record your position and let the scheme’s time limit run. Write to the tenant at every address you have with your proposed deductions, and keep proof. With mydeposits, start a release in its portal with your deductions; if the tenant doesn’t respond within 90 days of moving out, the release closes and the protection ends. With DPS Insured, the tenant has 90 days from the end of the tenancy to raise a dispute, after which DPS closes the deposit. For TDS Insured, check its insured rules for the equivalent steps. Repay any part you aren’t claiming and keep every record.

Sourcesmydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)DPS Insured Terms and Conditions (V30, May 2026)

The email doesn’t release the deposit by itself, but it is useful evidence. Under Schedule 10 to the Housing Act 2004, a custodial scheme pays out when both of you notify it of your agreement, after an adjudicator’s decision or under a court order, and each scheme has its own process for confirming agreement. mydeposits’ insured conditions say only actions completed in its portal count as part of the formal process. If the tenant now disputes the deductions, raise the dispute in the usual way and include the email: the joint guide by TDS, DPS and mydeposits says correspondence, including admissions of liability, can be very helpful. You still need evidence of the breach and the cost of each deduction.

SourcesHousing Act 2004, Schedule 10mydeposits: Conditions of resolution, insured-backed (July 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS Custodial Terms and Conditions (v35, May 2026)

You can ask for it back, but the scheme won’t reverse the payment. DPS’s terms say a processed repayment is a binding instruction that can’t be cancelled or revoked, and mydeposits says that once a release is accepted its resolution process is no longer available. Write to the tenant promptly, explain the mistake, set out what you believe you are owed with your evidence, and ask them to repay that amount by a set date. If they don’t, your remaining route is a county court money claim, where you would need to show the mistake and your losses under the tenancy. Keep the check-out report, photos, invoices and the scheme’s payment confirmation.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)GOV.UK: Make a court claim for money

No. The deposit is security for the whole tenancy and is dealt with after it ends. Schedule 10 to the Housing Act 2004 provides for custodial schemes to repay deposits after the tenancy has ended, TDS’s rules say either side may apply ’at any time after the tenancy has ended’, and mydeposits may ask for evidence that a tenancy has ended before acting on an early release request. If you agree to return it early, you lose cover for unpaid rent, cleaning or damage found at check-out. Explain the timetable in writing: the notice ends, then check-out, your proposed deductions and repayment. Remind the tenant that rent stays due until the tenancy ends.

SourcesHousing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)mydeposits: Scheme rules, custodial, England and Wales (April 2024)GOV.UK: Assured periodic tenancies, a guide for landlords

Pay the tenant yourself, then complete your scheme’s closing step. With DPS Insured, you return the deposit to the lead tenant at the end of the tenancy; it stays your responsibility until it is repaid and closed on DPS’s system, and DPS closes it 90 days after the tenancy ends if no dispute is raised. With mydeposits, record the move-out date and confirm in its portal that the full deposit is being or has been returned; the protection ends when the tenant confirms receipt, or closes 90 days after they moved out. For TDS Insured, follow its own end-of-tenancy steps. Pay by bank transfer and keep proof of payment.

SourcesDPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)

Usually as the tenant directs, unless the arrangements say otherwise. A person who paid the deposit on the tenant’s behalf is a ’relevant person’ under section 213 of the Housing Act 2004, so they must get the prescribed information too, but the deposit is still security for the tenant’s obligations. DPS’s terms say the nominated tenant acts for any relevant person at repayment and gives payment details for each tenant or relevant person. A guarantor who only promised to pay and paid nothing isn’t a relevant person. If the tenant and the person who paid disagree, that’s between them: follow the scheme’s process and keep the payment instructions you were given.

SourcesHousing Act 2004, section 213DPS Custodial Terms and Conditions (v35, May 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)

It depends on what the council provided. A bond or written promise to pay isn’t money, so it isn’t a tenancy deposit under section 212 of the Housing Act 2004 and isn’t protected in a scheme; you claim against it under the bond’s own terms, so check its deadline for claims. If the council paid a cash deposit, it must be protected, and the council, as the body that paid on the tenant’s behalf, is a ’relevant person’ who must get the prescribed information. Who receives the refund then depends on the arrangement between the council and the tenant, so check the council’s scheme paperwork before you or the tenant give the scheme repayment instructions.

SourcesHousing Act 2004, section 212Housing Act 2004, section 213DPS Custodial Terms and Conditions (v35, May 2026)

Not as the same deposit. A tenancy of a different property is a new tenancy, so its deposit must be protected and the prescribed information given within 30 days, under section 213 of the Housing Act 2004. Section 215B, which carries protection over to a replacement tenancy, only applies where the premises are the same or substantially the same. Deal with the old deposit through its scheme first, agreeing any deductions, then take and protect the deposit for the new home, capped at five weeks’ rent on the new rent, or six weeks’ if the annual rent is £50,000 or more. Your tenant can agree in writing to put the refund towards it.

SourcesHousing Act 2004, section 213Housing Act 2004, section 215BGOV.UK: Fees you can charge as part of a tenancy

Yes, if the tenant owes rent and your tenancy agreement lets you use the deposit for it. Rent arrears are one of the deductions TDS lists, and it says that without a deposit-use clause an adjudicator is unlikely to make an award to the landlord. The joint guide says to send the tenancy agreement and a full rent account statement showing what was due, what was paid and the balance; bank statements alone are less persuasive. It also helps to show you told the tenant about the arrears and gave them a chance to comment.

SourcesTDS: #AskTDS, What can I use my tenant’s deposit for?Tenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)

Only if you have lost, or are likely to lose, money because of them. The joint guide says that where utility bills are in the tenant’s name an award is unlikely, because the debt is owed to the supplier, not to you; if the tenant paid for utilities through the rent, unpaid amounts are normally treated as rent arrears. In one mydeposits case, nothing was awarded because the bills were in the tenant’s name and the landlord had no demand for payment. For council tax, the same test applies: claim only what you have paid or are being asked to pay.

SourcesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)mydeposits: Deposit dispute case study, utility billsTDS: #AskTDS, What can I use my tenant’s deposit for?

Yes, within the Tenant Fees Act 2019 limits and if your tenancy agreement provides for it. In England you can charge interest once rent is 14 days late, at no more than 3% above the Bank of England base rate, on the amount still unpaid. Unpaid interest is a sum due under the tenancy, so it can be claimed from the deposit if your deposit clause covers it, but show the calculation: the dates, the amount outstanding each day and the rate used. A flat late-payment fee isn’t a permitted payment. GOV.UK also asks you to consider the tenant’s circumstances, such as a delayed benefit payment, before charging.

SourcesTenant Fees Act 2019, Schedule 1GOV.UK: Fees you can charge as part of a tenancyHousing Act 2004, Schedule 10A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Not indefinitely. Leaving without notice doesn’t end the tenancy, so rent stays due until it legally ends. In England, a tenant on an assured periodic tenancy ends it with at least two months’ written notice, timed to end on a rent day or the day before, or earlier if you agree in writing. GOV.UK says any payment for not giving the correct notice can’t be more than the rent you would have received had the right notice been given. Before re-letting, make sure the old tenancy has ended, by a written surrender or a court order, and record the date you took the property back. Keep a rent statement for the deposit claim.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Fees you can charge as part of a tenancyTenant Fees Act 2019, Schedule 1

Usually the full rent periods up to the end of the notice, because the notice has to end on a rent day or the day before. GOV.UK says a tenant on an assured periodic tenancy in England must give at least two months’ written notice, ending on one of those days, and pays rent until then. For example, with rent due on the 1st, a notice served on 15 March can’t end before 31 May, so the tenant owes the rent for April and May as well as March. If you agree a different end date, put it in writing with the rent due to that date. Show the final figures on your rent statement.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsGOV.UK: Guide to the Renters’ Rights Act

Under GOV.UK’s guide for landlords on assured periodic tenancies, the tenant must keep paying rent during the notice period, and can move out early without paying for the rest only if you agree. Whether what happened when the keys came back amounts to agreeing depends on the facts, so if you’re unsure, ask Citizens Advice or a solicitor. Record in writing what was said at the time. If rent for the notice period goes unpaid and your deposit clause covers it, claim it with a rent statement, alongside any cleaning or damage. If you agree an earlier date, record that in writing too.

SourcesGOV.UK: Assured periodic tenancies, a guide for landlordsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)GOV.UK: Fees you can charge as part of a tenancy

This is a benefits matter, so check GOV.UK. Its Universal Credit guide for landlords says that if your tenant owes 2 months’ rent or more, you can request a managed payment, so their housing costs are paid straight to you, or a deduction towards the arrears. Where 1 month’s arrears built up through underpaying over time, a managed payment can be requested. Private landlords apply through the Apply for a Direct Rent Payment service. Arrears deductions are capped at 15% of the tenant’s standard allowance, the tenant has up to 14 days to object, and payments reach you 7 days after the end of the tenant’s assessment period.

SourcesGOV.UK: Universal Credit and rented housing, guide for landlords (updated 10 June 2026)

It stays protected until the tenancy ends, then is dealt with as usual. In England, under section 215 of the Housing Act 2004, the court can only make a possession order if the deposit is held in an authorised scheme and the prescribed information was given, unless it has already been returned with agreed deductions. GOV.UK says a judge can add a money order for the arrears, court fees and costs to a possession order. After the tenant leaves, claim the arrears from the deposit with a rent statement, and credit what you receive against the money order. TDS pays out under a court order only if it says the deposit is to be used towards what’s owed.

SourcesHousing Act 2004, section 215GOV.UK: Evicting tenants in EnglandTDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Not as a general condition: you can only keep deposit money for a loss you can show. If the utility accounts were in the tenant’s name, the joint guide by TDS, DPS and mydeposits says an award to the landlord is unlikely, because the debt is owed to the supplier, not to you. If bills were included in the rent, unpaid amounts are normally treated as rent arrears. A custodial scheme must pay out within 10 days once you both agree. If you have paid a bill the tenant owed, or been sent a demand for one, claim that amount with the evidence and release the rest. Asking for final meter readings at check-out helps.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)Housing Act 2004, Schedule 10

Whether a clause like this is binding depends on its wording and the circumstances. Under section 62 of the Consumer Rights Act 2015, an unfair term in a consumer contract isn’t binding on the tenant. For a view on your own clause, ask a solicitor. A clause can’t change how the deposit schemes work: a custodial scheme pays out on agreement, an adjudicator’s decision or a court order, and adjudicators award only for losses you prove. The schemes’ joint guide says that where bills are in the tenant’s name an award is unlikely. A clause making the tenant responsible for bills can support a claim for bills you’ve actually had to pay.

SourcesConsumer Rights Act 2015, section 62 (unfair terms)Housing Act 2004, Schedule 10A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Your council decides who is liable for council tax, and for which dates, so ask it directly. The rule it applies is section 6 of the Local Government Finance Act 1992: when nobody lives in a home, the person liable is the ’owner’. Since 1 May 2026, when the Renters’ Rights Act 2025 changed the definition, that includes a tenant whose tenancy is or was an assured tenancy. So the date the tenancy ended matters, not only the move-out date. Give the council both dates, with evidence such as the notice or a signed surrender. It also decides any empty-home discount.

SourcesLocal Government Finance Act 1992, section 6 (persons liable to pay council tax)GOV.UK: Council Tax, second homes and empty properties

Your council decides council tax liability and any discount for an empty home, so give it the tenancy dates and your evidence that the tenancy has ended. The rule is in section 6 of the Local Government Finance Act 1992: when nobody lives in a home, the ’owner’ is liable, and since 1 May 2026 that includes a tenant whose tenancy is or was an assured tenancy. Leaving doesn’t end a tenancy, which ends by notice, a written surrender or a court order. GOV.UK says extra council tax can be charged once a home has been empty for a year. For your own position, ask the council or Citizens Advice.

SourcesLocal Government Finance Act 1992, section 6 (persons liable to pay council tax)GOV.UK: Council Tax, second homes and empty properties

The supplier decides whose debt it is, so send it your evidence. Under the Electricity Act 1989, where electricity is supplied without a contract, the supplier is treated as having contracted with the occupier, or with the owner if the premises are unoccupied; the Gas Act 1986 has a similar rule for the owner or occupier who takes a gas supply. Send the tenancy start and end dates, the check-in and check-out meter readings and a copy of the tenancy agreement, and ask it to transfer the debt to the tenant’s account. You may be liable for any period the property was empty or the account was in your name.

SourcesElectricity Act 1989, Schedule 6, paragraph 3 (deemed contracts)Gas Act 1986, Schedule 2B, paragraph 8 (deemed contracts)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

No, not as an extra charge if they were included in the rent. GOV.UK’s Tenant Fees Act 2019 guidance says you can include utilities, broadband, a landline and a TV licence in the rent where the tenancy agreement says so, and any utilities in the rent must reflect actual costs, with no profit. Bills not included in the rent can be put on the tenant by a term in the agreement, but you can’t require a separate payment to you for a TV licence or council tax. If the tenant hasn’t paid, what they owe is rent: the joint guide by TDS, DPS and mydeposits says unpaid utilities paid through the rent are normally treated as rent arrears.

SourcesGOV.UK: Fees you can charge as part of a tenancyTenant Fees Act 2019, Schedule 1A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Give each of them the dates and readings, so bills reach the right person. Tell the council the move-out date and the date the tenancy ended. In England, under section 6 of the Local Government Finance Act 1992, an assured tenant stays liable while it continues, and the owner is liable for an empty period after it ends, but the council decides who pays. Give the energy and water suppliers the tenancy end date and photographed meter readings from the check-out, and say who takes over next: you for any empty period, or the new tenant. Keep copies, as they also support any claim against the deposit for bills.

SourcesLocal Government Finance Act 1992, section 6 (persons liable to pay council tax)GOV.UK: Council Tax, second homes and empty propertiesElectricity Act 1989, Schedule 6, paragraph 3 (deemed contracts)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Return them to the sender marked ’not known at this address’ or ’moved away’, and if they keep coming, write to the creditor to say the person no longer lives there and when the tenancy ended. A person’s debts are generally their own, and don’t pass to the property or the next tenant. If an enforcement agent calls, GOV.UK says they can’t take someone else’s belongings, but you may have to prove that the goods are yours, so keep the inventory and receipts handy. Ask any visiting agent for identification and the name of the debtor. Keep a dated note of what arrived. Citizens Advice can explain your position if it goes further.

SourcesGOV.UK: Bailiff powers when they visit your homeA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Yes. The deposit is security for all the tenant’s obligations under the tenancy, so you can claim rent arrears, cleaning and damage together, if your tenancy agreement lets you use the deposit for each. List every item with its own amount, grouped as TDS does: cleaning, damage, redecoration, gardening, rent arrears and other. Support the arrears with a full rent account statement and the rest with check-in and check-out reports, dated photos and invoices or quotes. An adjudicator can’t award more than the deposit, so if the total is higher, the shortfall can only be claimed through the courts. The tenant can agree some items and dispute others.

SourcesHousing Act 2004, section 212A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS Custodial Terms and Conditions (v35, May 2026)TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)

Think carefully first. The deposit is security for the whole tenancy, and TDS warns that if it goes on rent, nothing may be left for cleaning or damage at the end. A custodial deposit is normally repaid only after the tenancy has ended, so using it now needs the scheme’s process and both of you to agree. If you do go ahead, record the agreement in writing, update the scheme, and agree whether the tenant will top the deposit back up; a top-up must be protected and the prescribed information given within 30 days. Using the deposit lowers the arrears figure, which can affect Ground 8 possession, so ask a solicitor first.

SourcesTDS: #AskTDS, My tenants haven’t paid rent since I gave them notice. Can I recover these costs from their deposits?Housing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)Housing Act 2004, section 213Housing Act 1988, Schedule 2 (grounds for possession)

HMRC’s Property Income Manual (PIM1052) says deposits not refunded at the end of a tenancy are income of a property business at that point, unless already counted. Under the cash basis, PIM1094 says a protected deposit isn’t income while the tenancy runs; in its example, £300 kept for damage is income in the year the landlord became entitled to it, and the £800 returned never is. GOV.UK’s rental income guidance adds that where a deposit is kept to cover damage, only repair costs above the amount kept can be claimed, so the same money isn’t counted twice. For your own return, check with HMRC or an accountant.

SourcesHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenantsHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesGOV.UK: Work out your rental income when you let property

HMRC’s Property Income Manual ties it to when the landlord becomes entitled to keep it, normally at the end of the tenancy once deductions are agreed or decided, not when the deposit is paid. Under the cash basis, PIM1094 says a protected deposit is still legally the tenant’s during the tenancy, and the part kept counts in the tax year of that entitlement. Under traditional accounting, PIM1052 says deposits are normally deferred and matched with the costs of the repairs or services they cover, and any amount not refunded is income at the end of the tenancy, to the extent it hasn’t already been recognised. Check with HMRC or an accountant.

SourcesHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenants

GOV.UK’s guidance on working out rental income says that if you keep a tenant’s deposit to cover damage they caused, you can only claim repair costs above the amount of the deposit you kept. On that rule, if £300 is kept and the repair costs £450, the expense is £150. HMRC’s Property Income Manual describes the cash basis from the other side: the £300 kept is a receipt in the year the landlord becomes entitled to it (PIM1094). The aim is that the same money isn’t counted twice. For your own return, check with HMRC or an accountant.

SourcesGOV.UK: Work out your rental income when you let propertyHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenants

HMRC’s Property Income Manual (PIM1094) says that under the cash basis a protected deposit isn’t income when received, because it is still legally the tenant’s during the tenancy. Only the part the landlord becomes entitled to keep, for example for unpaid rent or damage, is a receipt, in that tax year; anything returned is never income. PIM1092 says the cash basis has been the default for most landlords who are individuals or partnerships since 2017-18, unless receipts exceed £150,000 a year or they elect for traditional accounting. Under traditional accounting, PIM1052 matches deposits against the costs they cover. Check with HMRC or an accountant.

SourcesHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM1092: Cash basis for landlords, overviewHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenants

HMRC’s manual doesn’t deal with holding deposits by name, so ask HMRC or an accountant. Its general approach is that money held for a tenant isn’t income, but deposits and similar sums that aren’t refunded are income once the landlord is entitled to keep them (PIM1052 and, under the cash basis, PIM1094). A holding deposit can be kept lawfully, for example where the applicant gave false information or pulled out. Under the Tenant Fees Act 2019, you must tell the applicant in writing why you’re keeping it.

SourcesHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenantsHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM1051: Income chargeable, overviewGOV.UK: Fees you can charge as part of a tenancy

HMRC’s Property Income Manual (PIM1094) says a deposit paid into a protection scheme isn’t income of a property business when it’s received, because it is still legally the tenant’s during the tenancy. Only the part the landlord becomes entitled to keep at the end becomes income, and only then. Under traditional accounting, PIM1052 says deposits are deferred and matched with the costs they cover, and any part later refunded is left out of receipts. This applies whether the deposit is held in a custodial scheme or by the landlord under an insured scheme. For your own return, check with HMRC or an accountant.

SourcesHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenants

HMRC treats it as rent; timing depends on the accounting basis. Under the cash basis, HMRC’s Property Income Manual (PIM1094) brings rent in only when it’s received, so arrears recovered from the deposit fall in the tax year of entitlement to that part. Under traditional accounting, rent is income for the period it relates to, even if unpaid, so recovering it later adds nothing new; but if it was already claimed as a bad debt under PIM2072, the amount recovered is brought back in as a receipt in the year it’s received. Either way, it’s counted once. Check with HMRC or an accountant.

SourcesHMRC Property Income Manual, PIM1094: Cash basis for landlords, receipts and expensesHMRC Property Income Manual, PIM2072: Deductions, bad and doubtful debtsHMRC Property Income Manual, PIM1052: Income chargeable, deposits or bonds taken from tenants

Possession is outside what we cover, so check GOV.UK or ask a solicitor. In general, Ground 8 needs at least 3 months’ rent unpaid, or 13 weeks’ if rent is weekly or fortnightly, both when the notice is served and at the hearing, and the arrears are what’s left after deposit money is applied. Grounds 10 and 11, for some rent unpaid and persistent late payment, are discretionary. Under section 215 of the Housing Act 2004, the court can only make a possession order if the deposit is held in an authorised scheme and the prescribed information was given, unless it was returned with deductions both sides agreed.

SourcesHousing Act 1988, Schedule 2 (grounds for possession)GOV.UK: Guide to the Renters’ Rights ActHousing Act 2004, section 215

Use the scheme’s absent-party route once the tenancy has ended. For a custodial deposit, TDS, DPS and mydeposits all accept a sworn statutory declaration when the tenant can’t be contacted or hasn’t replied: at least 14 days must have passed since the tenancy ended, and the tenant then gets 14 days to object before the scheme pays out. The claim can cover unpaid rent, so include a rent statement. The declaration has to state the date the tenancy ended, so make sure it has ended, by notice, a written surrender or a court order. For an insured deposit you already hold the money. Otherwise, you can apply to court for an order.

SourcesHousing Act 2004, Schedule 10TDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Scheme rules, custodial, England and Wales (April 2024)

TDS’s rules say it won’t resolve disputes already subject to court proceedings, and DPS’s insured terms say it won’t admit a dispute where either side has said it intends to sue. An adjudicator can only award up to the deposit, or the disputed amount for an insured one, so any shortfall, such as arrears above the deposit, can only be claimed through the courts, giving credit for what you received. If you start court action about any part of the dispute while it’s with the scheme, TDS’s rules require you to tell it, and the scheme may stop dealing with that part. A solicitor can advise on timing a court claim.

SourcesTDS key documents (TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026)DPS Insured Terms and Conditions (V30, May 2026)DPS Custodial Terms and Conditions (v35, May 2026)GOV.UK: Make a court claim for money

The Ground 8 threshold is at least 3 months’ rent if rent is paid monthly, or 13 weeks’ if paid weekly or fortnightly, both when the section 8 notice is served and at the hearing. The Renters’ Rights Act 2025 raised it from 2 months and 8 weeks on 1 May 2026, and GOV.UK gives a 4-week notice period. Only rent lawfully due counts, and any amount unpaid only because a Universal Credit housing payment hadn’t yet reached the tenant is ignored. GOV.UK says that if a mandatory ground is proved, the court must make a possession order, subject to the deposit protection rules. For your case, check GOV.UK or ask a solicitor.

SourcesHousing Act 1988, Schedule 2 (grounds for possession)GOV.UK: Guide to the Renters’ Rights ActGOV.UK: Evicting tenants in EnglandHousing Act 2004, section 215

Send a full rent account statement with your tenancy agreement. The joint guide by TDS, DPS and mydeposits says the statement should show the property and the tenant it relates to and break down how the arrears are calculated, and that bank statements alone aren’t as compelling. A clear statement lists each rent due date and amount, each payment received with its date, and the running balance, up to the date the tenancy ended. Add evidence that you told the tenant about the arrears, ideally by sending them the statement, and gave them a chance to comment. If you’re also claiming late-rent interest, show that calculation separately.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)Tenant Fees Act 2019, Schedule 1

Yes, if the home was left less clean than it was at check-in and you can show it. The tenant only has to return it to the standard recorded at the start, and fair wear and tear doesn’t apply to cleanliness. TDS won’t assume a property was clean if the check-in report doesn’t mention cleanliness, and says photos are of little value except for single items such as ovens. An itemised invoice or quote helps, and you can do the cleaning yourself and claim if it costs no more than a contractor would.

SourcesTDS: How TDS approaches disputes involving cleaningTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)

Not in England. Section 1(3) of the Tenant Fees Act 2019 stops a landlord requiring a tenant to enter into a contract with a third party for a service, and a term that breaches it isn’t binding. In Wales, the Renting Homes (Fees etc.) (Wales) Act 2019 has a similar ban. What you can claim is the reasonable cost of cleaning the tenant didn’t do, measured against check-in. DPS suggests a clause to clean to the same standard as at the start, and mydeposits says claiming a professional clean against a domestic-standard check-in is betterment.

SourcesTenant Fees Act 2019, section 1Tenant Fees Act 2019, section 4Renting Homes (Fees etc.) (Wales) Act 2019, section 2DPS: In disputes, be fairmydeposits: Fair wear and tear, what is it and how is it applied?

Cleaning is the most common. DPS’s figures for 2025, published in June 2026, show cleaning in about 29% of deposit claims, followed by damage at about 18%, rent arrears at about 16% and redecoration at about 11%, with other reasons making up the rest; cleaning has been the top reason for five years running. DPS also says fewer than 5% of the deposits it protects end in a dispute. Whatever the reason, each deduction needs the same things: a clause allowing it, check-in and check-out evidence showing the change, and proof of the cost. For cleaning, the tenant only has to return the property as clean as it was at the start.

SourcesDPS: Cleaning main cause of tenancy deposit deductions for a fifth year running (11 June 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Yes, if the check-out shows more limescale than the check-in recorded. TDS’s guide to inventories lists limescale on a sink as an example of something that is not fair wear and tear, so it is treated as cleaning, and your tenant owes the standard of cleanliness recorded at the start. If the check-in already noted limescale, you can claim only for the build-up since: in one mydeposits case, a cleaning invoice was reduced because the property had some limescale at the start. Record taps, shower screens, sinks and toilets specifically in both reports, with close-up photos, and show the descaling separately on the invoice.

SourcesTDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving cleaningmydeposits: Resolution case study, damage due to cannabis and lock change

Yes, if the check-out shows pet hair or a pet smell that wasn’t there at check-in, because your tenant must return the home as clean as it was at the start. TDS’s guide to inventories says odours, including from pets, should be removed before check-out, and that photos can’t show a smell, so the check-out report must record it. In one mydeposits case, a £175 invoice broken down by area, including specialist products for the pet smell, was accepted, but 75% was awarded because the home wasn’t professionally clean at the start. Agreeing to a pet doesn’t lower the cleaning standard, though mydeposits expects more wear to the home’s condition.

Sourcesmydeposits: Adjudication case study, pets, replacement carpet and cleaningTDS: Inventories, check-in and check-out reportsmydeposits: A guide on the life expectancy of rental property productsmydeposits: Fair wear and tear, what is it and how is it applied?

No. TDS says it does not regard fair wear and tear as relevant in cleaning claims, and mydeposits says fair wear and tear applies only to condition, so the home must be left cleaned to the same standard as at the start, whether the tenancy lasted one year or six. That cuts both ways: your tenant can’t excuse dirt as age, but they only owe the standard recorded at check-in, not a higher one. Wear such as faded paint or a flattened carpet is still fair wear and tear, however well it is cleaned. Record cleanliness and condition separately in both reports, as mydeposits advises.

SourcesTDS: How TDS approaches disputes involving cleaningmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: Adjudication case study, carpet cleaning, damages, importance of inventories

As clean as it was at the start, as recorded in the check-in report, and no cleaner. The schemes’ joint guide says the tenant is only obliged to return the property cleaned to the same standard as at the start of the tenancy. If the check-in records a professional clean, backed by an invoice, that is the standard; if it records a domestic clean, that is all you can expect. TDS won’t assume a property was clean if the check-in report doesn’t mention cleanliness, and a general ‘good condition’ statement doesn’t cover it. Nor will TDS make an award on a tenancy agreement clause alone.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving cleaningmydeposits: What is the difference between professional and domestic cleaning?

You can claim the reasonable cost of bringing the home back to that standard where your tenant left it short, but you can’t insist they hire professionals. In England, section 1(3) of the Tenant Fees Act 2019 stops a landlord requiring a tenant to contract with a third party for a service, and mydeposits says anyone can clean to a professional standard without paying for it. DPS suggests a clause requiring cleaning to the same standard as at the start, with evidence that the start was professional. TDS says a check-in that records ‘professionally cleaned’ needs the invoice to support it. Claim only for the areas left short, itemised.

SourcesTenant Fees Act 2019, section 1mydeposits: What is the difference between professional and domestic cleaning?DPS: In disputes, be fairTDS: Inventories, check-in and check-out reports

Yes, but only for the shortfall, not a full clean. Your tenant owes the standard recorded at check-in, so where the check-out report shows some rooms or items left less clean, you can claim the reasonable cost of finishing those. mydeposits gives the example of a landlord who claimed a full deep clean when only some areas needed more cleaning: the tenant was responsible, but a percentage award was made because costs must be proportionate to the breach. Ask your cleaner for an invoice broken down by room or item, or one that says the work followed the check-out report, and compare each item with the check-in.

Sourcesmydeposits: Rules of claiming for deposit deductionsmydeposits: What is the difference between professional and domestic cleaning?A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

No scheme sets a price: you can claim the reasonable cost of getting the oven back to how clean it was at check-in. TDS says photos are of little value for most cleaning claims but can help for single items such as ovens, and suggests photographing the inside of ovens, grills and extractor hoods. An invoice that shows the oven as its own line carries most weight. Without an invoice or quote, TDS says it uses its own judgement, from sources such as internet prices and similar cases in your region. If you clean it yourself, a mydeposits case study treats about £20 an hour as a reasonable rate for your time, plus materials.

SourcesTDS: How TDS approaches disputes involving cleaningTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, cleaning and landlord costs

There’s no fixed figure: it is what it costs to bring the areas left short back to the check-in standard, which depends on the property’s size and how much cleaning was needed. The joint guide says standard cleaning charges are judged on how proportionate they are to the cleaning required. TDS reduces awards where an invoice isn’t detailed and looks too high, and without one uses sources such as internet prices and similar cases in the region. In one mydeposits case, a landlord’s own five hours’ cleaning of a large four-bedroom house, plus £42 of materials, was found reasonable against a contractor’s estimate of £180 plus VAT.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving cleaningmydeposits: Resolution case study, cleaning and landlord costsmydeposits: Rules of claiming for deposit deductions

Only for windows that were clean at check-in and left dirtier, so the check-in needs to say which sides were clean. TDS’s sample check-in records ‘Windows: cleaned to interior’ and its sample cleaning summary lists interior and exterior windows separately, because your tenant owes only the standard recorded at the start. If the outside wasn’t recorded as clean, charging for it would be claiming a higher standard than at the start, which mydeposits treats as betterment. Whether a tenant had to clean the outside of upper-floor windows depends on your tenancy agreement; no scheme guidance sets a general rule. Photograph the glass in both reports.

SourcesTDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving cleaningmydeposits: Fair wear and tear, what is it and how is it applied?

Yes, if it was clean at check-in and left dirty or iced up at check-out. Your tenant owes the same standard of cleanliness as at the start, and TDS’s guide to inventories says blackening of door seals on appliances is not fair wear and tear. TDS also suggests photographing the inside of fridges and freezers at check-in, as those photos help with cleaning claims, and photos are most useful for single appliances. Claim the reasonable cost of defrosting and cleaning as its own line on the invoice. A cracked drawer is damage, not cleaning: in one mydeposits case, nothing was awarded for one because the check-in didn’t show the drawers’ condition.

SourcesTDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving cleaningmydeposits: Adjudication case study, carpet cleaning, damages, importance of inventoriesmydeposits: What is the difference between professional and domestic cleaning?

Yes, if the curtains were clean at check-in and left soiled, for the reasonable cost of cleaning them. TDS’s sample schedule of condition records curtains separately, including whether they were professionally cleaned, and TDS suggests noting any curtain-cleaning receipts at check-in. If they weren’t professionally cleaned at the start, a professional clean at the end would be a higher standard than your tenant owes. TDS’s end-of-tenancy guidance says smoke discolouration, staining, burns or tears to curtains may incur costs, but fading from the sun or wear does not. If replacement is needed, allow for age: TDS gives curtains a life of up to 10 years.

SourcesTDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving cleaningmydeposits: Fair wear and tear, what is it and how is it applied?