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Your deposit questions, answered.
Try a word like cleaning, deadline or carpet.
Carpets, walls and decoration
27 questions
Can I charge my tenant for a stain on the carpet that won’t come out?
Yes, usually towards the carpet’s remaining value rather than the full cost of a new one. A stain is damage, not fair wear and tear: TDS says soiling to a carpet isn’t wear and tear, and mydeposits says stains are damage. But TDS expects you to show the stain can’t be removed, with a cleaner’s written opinion or a failed clean, before it awards towards replacement. The claim is then for the life the carpet had left: TDS’s example claims the failed clean plus 60% of a new carpet that should have lasted 10 years but had to go at 4. A small stain that doesn’t affect use may justify only a small award; TDS gives £50 as an example.
SourcesTDS: Inventories, check-in and check-out reportsTDS: #AskTDS, Horror stories, where have landlords lost claims from a tenant’s deposit?mydeposits: Rules of claiming for deposit deductionsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Do I have to try cleaning a stained carpet before claiming for a new one?
You need to show cleaning won’t work, and trying it is one way. TDS says landlords must show cleaning isn’t possible before an adjudicator can award towards replacement, either with a professional cleaner’s written opinion that it won’t work or by a clean that fails. In one TDS case, a landlord who claimed a new sofa for a stain was awarded only the cleaning cost because there was no such evidence. Where a clean fails, its cost can be awarded as well as a share of replacement. mydeposits takes the same view: in one case, cleaning a urine-soaked carpet first was a reasonable step before replacing it.
SourcesTDS: #AskTDS, Horror stories, where have landlords lost claims from a tenant’s deposit?mydeposits: Adjudication case study, carpet cleaningmydeposits: Rules of claiming for deposit deductions
What can I charge if a damaged carpet was already past its expected lifespan?
Usually little or nothing towards replacement, because adjudicators award only the value the carpet had left. In one mydeposits case, carpets already worn at check-in and older than the roughly five years mydeposits uses for a medium-quality rental carpet got no award after four years with a family of four. Lifespans differ by scheme: for a medium-quality carpet, TDS gives 5–8 years, DPS 5–10 and mydeposits up to 8. Without evidence of quality, TDS says the adjudicator is likely to assume a medium-quality item, so keep the fitting invoice. Cleaning your tenant didn’t do can still be claimed, as age doesn’t excuse dirt.
Sourcesmydeposits: Resolution case study, carpet replacement and fair wear and tearmydeposits: A guide on the life expectancy of rental property productsTDS: Inventories, check-in and check-out reportsmydeposits: Fair wear and tear, what is it and how is it applied?DPS: Common dispute questions
Can I charge my tenant for a cigarette burn in the carpet?
Yes. A burn is damage, not fair wear and tear: TDS’s sample end-of-tenancy guidance lists cigarette and iron burns as claimable, and the joint guide gives burns caused by negligence as an example of damage. What you can claim depends on how bad it is. TDS says a small mark that doesn’t affect a carpet’s use or life, and isn’t visually significant, may justify only a small award, giving £50 as an example. Where burns are bad enough to need a new carpet, the claim is a share for the life it had left: in one mydeposits case, two iron burns on a two-year-old lounge carpet led to 60% of the £325 replacement.
SourcesTDS: Inventories, check-in and check-out reportsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, carpet replacement and fair wear and tear
Should a small burn or hole in a carpet be patched or the whole carpet replaced?
Usually a repair or a compensation payment, unless the damage makes the carpet unusable or not worth repairing. The joint guide says replacement may be justified where an item is damaged beyond economic repair or its condition makes it unusable; otherwise repair is more likely, or compensation where its value or life has been reduced. TDS says that where an item doesn’t need replacing, it awards for the damage and any shortened lifespan, and gives £50 as an example for a small carpet mark. A carpet fitter’s written view on whether a patch would work, and what it costs, shows you considered the most economical remedy, as TDS expects.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving damage and missing itemsTDS: Inventories, check-in and check-out reportsTDS: #AskTDS, Horror stories, where have landlords lost claims from a tenant’s deposit?
Can I charge my tenant for pet urine in the carpet?
Yes, if the check-out shows urine staining or smell that wasn’t there at check-in: mydeposits says pet damage beyond normal wear is the tenant’s responsibility. In one mydeposits case, a cat-urine smell survived a professional clean; a contractor explained urine can smell again when it reabsorbs moisture, and UV photos showed it had reached the floorboards. The adjudicator found each step reasonable: cleaning first, then a new carpet and treating the boards, with the carpet’s age allowed for. Keep the cleaner’s report, an invoice for each stage, and a check-out report that records the smell, since photos can’t show one.
Sourcesmydeposits: Resolution case study, pet damage, odourmydeposits: Adjudication case study, carpet cleaningmydeposits: Fair wear and tear, what is it and how is it applied?TDS: Inventories, check-in and check-out reports
Are furniture dents in the carpet fair wear and tear?
Yes. mydeposits lists furniture indents, shading and fraying as fair wear and tear for carpets, while stains are damage, so dents from furniture standing where it normally would aren’t something to charge for. Its life expectancy guide also gives carpets flattening along walkways and slight discolouration as typical wear. If the carpet shows something beyond normal use, such as a tear or a burn, record its location, type and size in the check-out report, with a photo that includes a tape measure or another object for scale, as TDS’s guide to inventories suggests.
Sourcesmydeposits: Rules of claiming for deposit deductionsmydeposits: A guide on the life expectancy of rental property productsTDS: Inventories, check-in and check-out reports
Is a carpet worn thin in the hallway fair wear and tear?
Usually, yes. mydeposits says carpets becoming worn through normal use are fair wear and tear, and its life expectancy guide gives flattening along walkways as typical wear. TDS says the wear to expect from a carpet depends on its location and its quality; its sample check-in even records a hallway carpet as ‘worn to walkway with faded areas’. The joint guide adds that more occupants, children and pets mean more wear in common areas such as halls and stairs, and the longer the tenancy, the more natural wear. A claim needs damage, such as a stain, burn or tear, rather than thinning from use.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: A guide on the life expectancy of rental property productsTDS: Inventories, check-in and check-out reportsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Are scratches on wooden or laminate floors fair wear and tear?
Light scratches from everyday use generally are; gouges, burns and spills caused by carelessness are not. mydeposits says scratches and wear to flooring are unavoidable in any property, and the question is whether they are reasonable or excessive for the number of occupants and any pets. The joint guide gives nail varnish spills on a floor as negligent damage. Any claim must allow for the floor’s age: TDS gives laminate and vinyl a typical life of 5–10 years and hardwood 15–50. Ask a flooring contractor whether a repair would do before claiming for replacement, and record the floor at check-in with close-up photos and a scale.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving damage and missing items
Can I charge my tenant for laminate flooring damaged by water?
Yes, if your tenant caused the water damage or let it get worse by not reporting a leak. In one mydeposits case, a tenant tried to fix a leak under a bathroom sink themselves and only reported it once the laminate began to warp. The adjudicator held the delay responsible for the floor damage and awarded 60% of the £370 replacement cost, allowing for the floor’s age. TDS similarly says water damage to a shelf under a sink is unlikely to be wear and tear if the tenant failed to report it. If the leak came from a worn part and was reported promptly, repairing it falls to you as landlord.
Sourcesmydeposits: Resolution case study, blocked toilet, leaking sink and floor damageTDS: Inventories, check-in and check-out reportsmydeposits: Rules of claiming for deposit deductionsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
If one room’s carpet is damaged but it runs through the whole floor, can I claim to replace all of it?
Only if you can show why the undamaged parts must be replaced too, and the claim still allows for the carpet’s age. No scheme guidance sets a rule for carpet that runs between rooms, so the general principles apply: you mustn’t end up better off than before, and you should choose the most economical remedy. If a fitter confirms the damaged section can’t be cut out and replaced or matched, include their written opinion, and ask for a quote broken down by area so the cost can be split. mydeposits says breaking work down by area helps avoid betterment, and its adjudicators award for the parts in breach.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, carpet replacement and fair wear and tearmydeposits: Rules of claiming for deposit deductionsTDS: #AskTDS, Horror stories, where have landlords lost claims from a tenant’s deposit?
Can I claim for a better-quality carpet than the one the tenant damaged?
No, only the cost of a similar-quality carpet, reduced for the old one’s age. mydeposits says a tenant can only be expected to contribute to an item of similar quality, and replacing it with something better would be betterment. DPS likewise gives a prestige-brand replacement for a modest original as an example of betterment. You can fit a better carpet if you choose, but base the claim on a like-for-like quote and keep the original fitting invoice showing its price and quality: mydeposits notes inventories rarely record carpet quality, which photos can’t show. Then apply your scheme’s lifespan figures.
Sourcesmydeposits: A guide on the life expectancy of rental property productsDPS: What makes a reasonable deposit claim?mydeposits: Fair wear and tear, what is it and how is it applied?
How does an adjudicator decide between carpet cleaning and carpet replacement?
By comparing the check-in and check-out reports and looking for the least costly remedy that puts the loss right. The joint guide says replacement may be justified only where an item is beyond economic repair or unusable; otherwise cleaning or repair is more likely, or compensation for lost value or life. TDS says that before it can award towards a new carpet, the landlord must show cleaning won’t work, through a cleaner’s written opinion or a failed attempt, and the failed clean can be awarded too. Any replacement award is then reduced for the carpet’s age: mydeposits awarded 60% for a two-year-old carpet with two iron burns.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: #AskTDS, Horror stories, where have landlords lost claims from a tenant’s deposit?mydeposits: Resolution case study, carpet replacement and fair wear and tearmydeposits: Rules of claiming for deposit deductions
Can I charge my tenant for Blu Tack marks on the walls?
Sometimes. TDS says it often sees claims for marks left by Blu Tack, tape, nails and pins, and that whether such marks are damage or fair wear and tear can be subjective, so your tenancy agreement and check-in report matter most. TDS’s sample end-of-tenancy guidance asks tenants to avoid tack or tape and to wash marks down before leaving, and says a deduction may follow where marks can’t be cleaned off and are more than normal use would cause. Claim only for the walls affected, saying how many in each room, and allow for the decoration’s age rather than charging to repaint the whole property.
SourcesTDS: #AskTDS, Devilish decor, will my landlord make deductions for damage caused by Halloween decorations?TDS: Inventories, check-in and check-out reportsmydeposits: Rules of claiming for deposit deductions
Are nail holes from picture hooks fair wear and tear?
It depends on your tenancy agreement and how many there are. TDS’s sample end-of-tenancy guidance lists hooks and nails in walls among possible chargeable items and suggests tenants get written permission before using them, while TDS also says whether marks from hanging things are damage or wear can be subjective. If your agreement allowed picture hooks, there is no breach unless the tenant didn’t make good as agreed. For filling holes, in one mydeposits case twelve shelf-fixing holes were treated as a repair and the £150 cost awarded in full. Record any holes at check-in, count them at check-out, and itemise the filling cost.
SourcesTDS: Inventories, check-in and check-out reportsTDS: #AskTDS, Devilish decor, will my landlord make deductions for damage caused by Halloween decorations?mydeposits: Resolution case study, redecoration and repairs
Can I charge for filling holes left by shelves or a TV wall bracket?
Yes, if your tenant put them up and left the holes, unless you agreed they needn’t be made good. In one mydeposits case, a tenant left twelve fixing holes in a lounge wall after removing shelves. The adjudicator treated filling them as a repair that wouldn’t be needed after any length of tenancy, and awarded the £150 cost in full, separately from a much-reduced redecoration claim. If you gave permission for a TV bracket, check what was agreed about removing it and making good. Count and photograph the holes with a scale at check-out, and get a quote that shows the filling separately.
Sourcesmydeposits: Resolution case study, redecoration and repairsTDS: Inventories, check-in and check-out reports
My tenant painted the walls a different colour without permission. Can I charge to repaint?
Yes, if they redecorated without permission and left the walls worse than at the start, but the claim is a share of the cost, not all of it. mydeposits treats redecorating without permission as a breach. TDS asks whether permission was given and whether the tenant had to restore the original colour, and may make no award if the tenant improved the décor. In one mydeposits case, walls repainted in various colours, patchy and splashed, led to an award of £742.20 of a £1,237 invoice: only the rooms affected, allowing for two years’ wear. mydeposits says permission needn’t legally be in writing, but written permission naming the end colour is best practice.
Sourcesmydeposits: Adjudication case study, redecoration and fair wear and tearTDS: How TDS approaches disputes involving redecorationmydeposits: Rules of claiming for deposit deductions
Can I charge for redecorating a whole room if only one wall is marked?
Usually only for what’s needed to put the marked wall right. TDS says adjudicators sometimes struggle to tell how many walls are affected, so reports should say for each room how many walls are marked and how. In one mydeposits case, an estimate to redecorate a whole home was cut back to the two rooms the evidence showed were affected. If touching up one wall would leave a visible patch, a decorator’s note saying so supports painting that wall in full; going beyond it needs its own reason. Then allow for the paint’s age, using your scheme’s decoration lifespan, and ask for a quote broken down by wall or room.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Deposit dispute case study, smoking and redecorationmydeposits: Rules of claiming for deposit deductionsTDS: How TDS approaches disputes involving redecoration
Can I claim redecoration costs after a tenant has lived there for five years?
DPS says an award for redecoration is unlikely where the tenant has lived there five years or more, as the landlord would probably have needed to redecorate anyway. The schemes’ published lifespans for decoration run from about 2 to 6 years depending on the scheme and the room, and mydeposits’ case studies use approximately five years for décor in a rental. Repairs are different: in one mydeposits case, filling twelve shelf holes was awarded in full as a repair that no length of tenancy would make necessary, while the redecoration got only 20%. So list repairs separately from repainting in your claim.
SourcesDPS: In disputes, be fairmydeposits: A guide on the life expectancy of rental property productsmydeposits: Resolution case study, redecoration and repairsDPS: Common dispute questions
Are scuff marks on walls fair wear and tear?
Light scuffs are; heavy marks are not. mydeposits lists small scuff marks on walls as fair wear and tear, and its claims guide splits redecoration into light usage marks, which are no breach, and heavy marks or damage, which are. The joint guide says scuffs and scrapes are unavoidable in normal family life, so expect more with children, more occupants or a long tenancy, and more in halls, stairs and kitchens. TDS’s sample guidance asks tenants to wash scuffs down before leaving, with deductions where marks can’t be cleaned off and go beyond normal use. Note scuffs wall by wall at check-in to show what changed.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: Rules of claiming for deposit deductionsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Inventories, check-in and check-out reports
Can I charge for crayon or pen drawn on the walls by the tenant’s children?
Yes, drawings on walls go beyond normal use, but the claim is a share of redecorating the walls affected, allowing for the paint’s age. TDS’s sample guidance lists pencil or crayon marks among chargeable decoration items. In one mydeposits case, a family with two young children left drawings and heavy scuffs after three and a half years in a home not newly painted at the start. The landlord claimed £900 to redecorate and was awarded 20%, £180, because décor in a rental lasts approximately five years and was near the end of its life. If marks wash off, the claim is cleaning, not redecoration.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, redecoration and repairs
Can I charge my tenant for torn or damaged wallpaper?
Yes, for tears or marks your tenant caused, but not for fading or wear from age. TDS’s sample end-of-tenancy guidance lists tears to wallpaper among chargeable decoration items, while mydeposits treats deterioration from age and normal use as fair wear and tear. No scheme publishes a lifespan for wallpaper, so show its age and cost with the original invoice and explain the expected life you have used. If a patch repair can’t be matched, a decorator’s written note supports re-papering the wall, but the claim is still a share for the paper’s remaining life, not new for old.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Fair wear and tear, what is it and how is it applied?A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Can I charge for damaged skirting boards and door frames?
Yes for real damage, such as deep gouges or a split frame, but not for the light knocks and rubs that everyday life leaves. TDS’s sample check-in records skirting with ‘heavy scuff marks, chips and rubs’ as existing condition, which shows why the start matters, and its end-of-tenancy guidance lists excessive damage to woodwork as chargeable. The joint guide expects more scuffs where there are more occupants or children. Describe each defect’s location, type and size in both reports, with a scale in photos. Claim for repairing and repainting the affected sections, allowing for the paint’s age.
SourcesTDS: Inventories, check-in and check-out reportsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Fair wear and tear, what is it and how is it applied?
I redecorated just before the tenancy started. Can I claim more for marked walls?
Yes, new decoration has more life left, so the share you can claim for damage is larger, but you need to prove the date. TDS says the check-in should describe the décor, for example whether it is newly decorated, and it won’t assume good condition otherwise; keep the decorator’s invoice. In one mydeposits case, a home decorated two weeks before the tenancy was heavily discoloured by smoking in two rooms, and those rooms were awarded with an allowance for nearly three years’ wear. New paint still wears with normal use, and DPS says a home freshly painted at the start needn’t be returned freshly painted.
SourcesTDS: How TDS approaches disputes involving redecorationmydeposits: Deposit dispute case study, smoking and redecorationDPS: Common dispute misconceptionsTDS: #AskTDS, Can I claim for redecoration if there is mould present at the end of the tenancy?
Can I charge for marks left on the walls where my tenant scrubbed off mould?
It depends on what caused the mould. TDS looks for clear evidence that mould arose during the tenancy because the tenant didn’t take preventative measures, and GOV.UK guidance says it is totally unreasonable to blame damp and mould on ‘lifestyle choices’, as the main causes are building defects, poor ventilation and heating. If the cause was the building, the marks from cleaning it are unlikely to be your tenant’s responsibility. In one mydeposits case, bathroom mould with a reported broken extractor fan got no award, while unreported bedroom mould led to 45% of the bedroom’s redecoration. A specialist’s view on the cause helps.
SourcesTDS: #AskTDS, Can I claim for redecoration if there is mould present at the end of the tenancy?GOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Resolution case study, damp and mould
Can I charge my tenant for a damaged internal door?
Yes, for damage beyond normal use, such as a hole, a split panel or deep scratches from a pet, but usually as a repair or a share of replacement rather than a new door at full cost. The joint guide says replacement may be justified only where an item is beyond economic repair or unusable; otherwise repair is more likely, or compensation for reduced value. TDS says it considers whether there is evidence the item needs replacing, and a specialist report can help. Record the door’s type, finish and condition at check-in, get a quote that separates repair, fitting and painting, and allow for the door’s age.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving damage and missing itemsTDS: Inventories, check-in and check-out reports
How does an adjudicator decide decor damage claims?
By comparing the décor at the start and end of the tenancy, not by relying on the tenancy agreement alone. TDS says the check-in must describe the décor, such as whether it is newly decorated or has defects, and it won’t assume good condition otherwise; photos help only where they show obvious damage. The adjudicator then allows for fair wear and tear, weighing the tenancy’s length, the number and age of occupants, and the décor’s age, quality and expected life. In a DPS case study, a landlord with no check-in evidence, undated close-up photos and no tenancy agreement couldn’t persuade the adjudicator.
SourcesTDS: How TDS approaches disputes involving redecorationDPS: Be the adjudicator, décor damage (case study)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Rules of claiming for deposit deductions
Kitchens, bathrooms, furniture and appliances
37 questions
Can I charge for lost keys?
Yes, the reasonable cost of replacing keys, or of changing the locks if keys weren’t returned, with evidence of the cost. In one mydeposits case, a tenant didn’t return the keys, and the landlord’s £90 invoice for a new lock and keys was awarded in full, because the tenancy agreement and a message before check-out set out how keys should be returned. In England, the Tenant Fees Act 2019 also allows a charge for a lost key during a tenancy, only if the agreement provides for it and capped at reasonable costs shown in writing.
Sourcesmydeposits: Resolution case study, lock replacement, keys not returnedTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancyTDS Guide to Inventories, check-in and check-out reports
Can I charge for missing items?
Yes, if you can show the item was there at the start and missing at the end. TDS says it needs to be sure the item was in the property at check-in, so list it in the inventory, ideally with its make, model and a photo. An award is based on the item’s second-hand value at the end of the tenancy, not the cost of a new one, allowing for its age, condition and expected wear. Send evidence of what a similar item costs, and the original receipt if you have it.
SourcesTDS: How TDS approaches disputes involving damage and missing itemsTDS Guide to Inventories, check-in and check-out reportsTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)
Can I charge for rubbish the tenant left behind?
Yes, the reasonable cost of clearing items the tenant left that weren’t there at check-in. In one mydeposits case, the adjudicator held the tenant responsible for removing everything not recorded at the start, but awarded only 60% of the £260 claimed because there was no invoice or estimate. The joint guide lists waste disposal among the costs to support with receipts or quotes. Record what was left in the check-out report with photos, and itemise the cost. Items listed in the check-in inventory aren’t the tenant’s to remove.
Sourcesmydeposits: Deposit dispute case study, disposal of items at the end of the tenancyTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)TDS: How to present your case to a TDS adjudicator
Can I charge my tenant if they changed the locks without permission?
Yes, if it breached your tenancy agreement and cost you money to put right. Under paragraph 5 of Schedule 1 to the Tenant Fees Act 2019, damages for breach of a tenancy agreement are a permitted payment, so check whether your agreement forbids alterations or lock changes without consent. The usual loss is the reasonable cost of keys for the new locks, or of refitting or changing the locks if your tenant didn’t hand over working keys. TDS suggests the check-in lists every key, which lock it fits and how many were given, and the check-out uses the same list. Keep the locksmith’s invoice and any messages.
SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)TDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, lock replacement, keys not returnedA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
What can I charge if my tenant hands the keys back late?
It depends on whether the tenancy had ended and what you lost. If your tenant kept possession after the tenancy ended, you can claim for the extra days, usually worked out from the rent as a daily rate: TDS’s guide calculates part-month rent as monthly rent × 12 ÷ 365 for each day. If they had moved out and only returned the keys late, claim only a loss you can show, such as a delayed new let. A set fee for late return isn’t among the payments the Tenant Fees Act 2019 allows in England. Don’t change the locks while someone may still live there, as that risks an offence under the Protection from Eviction Act 1977.
SourcesTDS: How to present your case to a TDS adjudicatorGOV.UK: Fees you can charge as part of a tenancyProtection from Eviction Act 1977, section 1mydeposits: Resolution case study, lock replacement, keys not returned
Can I charge my tenant for new locks if their keys were stolen?
Possibly, but it depends on your tenancy agreement and what was reasonable. In England, the Tenant Fees Act 2019 allows a payment for the loss of a key or other security device only if the tenancy agreement requires it, capped at the costs you reasonably incurred and backed by written evidence given to the tenant. The Act speaks of ‘loss’ and doesn’t treat theft separately. Whether changing the locks, rather than cutting keys, was reasonable depends on the risk, for example if the keys were taken with something showing the address. Keep the locksmith’s invoice and the crime reference, and give your tenant a copy of the costs.
SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancymydeposits: Resolution case study, lock replacement, keys not returned
What must I do before throwing away belongings my tenant left behind?
First be sure the tenancy has ended and your tenant has left, then give them a written chance to collect. Clearing a home someone still lives in can be an offence under section 1 of the Protection from Eviction Act 1977. For goods left behind, the Torts (Interference with Goods) Act 1977 lets the person holding them sell them after written notice by registered post or recorded delivery, naming the goods, where they are and a sale date that gives a reasonable chance to collect; at least three months if money is owed for the goods. You must account for the proceeds, less sale costs. List and photograph everything first.
SourcesProtection from Eviction Act 1977, section 1Torts (Interference with Goods) Act 1977, section 12Torts (Interference with Goods) Act 1977, Schedule 1mydeposits: Deposit dispute case study, disposal of items at the end of the tenancy
Can I deduct storage and removal costs for a tenant’s belongings from the deposit?
You can claim the reasonable cost of removing things that weren’t there at check-in, but take care with belongings that still have value. Rubbish can be cleared; anything that is clearly the tenant’s property stays theirs. The Torts (Interference with Goods) Act 1977 sets out a written notice process before uncollected goods can be sold, and the proceeds, less the costs of sale, must be accounted for to the owner. In one mydeposits case, the tenant was held responsible for removing everything not recorded at check-in, but only 60% of the £260 claimed was awarded because there was no invoice. Keep photos, letters to the tenant and itemised invoices.
Sourcesmydeposits: Deposit dispute case study, disposal of items at the end of the tenancyTorts (Interference with Goods) Act 1977, section 12 (uncollected goods)Torts (Interference with Goods) Act 1977, Schedule 1 (uncollected goods)Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
How much is it reasonable to charge for removing bags of rubbish?
There is no set rate: adjudicators award what the evidence shows the clearance reasonably cost, in proportion to how much was left. The schemes’ joint guide lists waste disposal among the costs to support with receipts, invoices or quotes, itemised by type of work. In one mydeposits case a contractor’s estimate included £95 for removing rubbish; in another, with no invoice or estimate at all, only 60% of a £260 claim was awarded. Count and photograph the bags at check-out, note anything too big for normal bins, and get an itemised invoice from a registered waste carrier or the council’s bulky waste service. A second quote helps show the price is the local market rate.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Deposit dispute case study, disposal of items at the end of the tenancymydeposits: Resolution case study, garden care and rubbish removalTDS Guide to Inventories, check-in and check-out reports
Can I charge for rubbish if I told my tenant they could leave it?
Usually not, if you agreed to it. In a mydeposits case, the check-out report showed rubbish that was the tenant’s to remove, but the tenant produced a contractor’s invoice and an email from the landlord agreeing they could clear it after moving out. The adjudicator found the rubbish had been removed and made no award for it. The joint guide says correspondence showing exactly what was agreed can be very helpful to the adjudicator. If you agreed the tenant could leave items for you to keep or dispose of, charging for their removal later is hard to justify. If the tenant promised to collect them and didn’t, keep that message and your removal invoice.
Sourcesmydeposits: Resolution case study, garden care and rubbish removalGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge for rubbish if my tenant booked a council bulky waste collection?
Not if the collection took the items away, because then you have no loss to claim. If the collection was booked for after the tenancy ended, it matters whether you agreed: in one mydeposits case, an email from the landlord letting the tenant clear rubbish after moving out, plus the tenant’s evidence that it had gone, meant no award was made. If the items were still there and you had to remove them yourself, you can claim the reasonable cost of clearing what wasn’t there at check-in, supported by an invoice. Keep the check-out photos, the booking details the tenant sent you and any messages about the collection date.
Sourcesmydeposits: Resolution case study, garden care and rubbish removalmydeposits: Deposit dispute case study, disposal of items at the end of the tenancyGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for blown light bulbs at the end of the tenancy?
Yes, if they were working at check-in and aren’t at check-out, but only the reasonable cost of like-for-like replacements. TDS’s guide to inventories says bulbs should be replaced on a like-for-like basis and left working if they were present and working at the start of the tenancy. It suggests the check-in report records how many bulbs there are, what type (for example LED or halogen) and whether all of them work. Without that record, it is hard to show a bulb worked when the tenant moved in. Claim the price of the bulbs, plus a fitting charge only if an electrician was genuinely needed. Bulbs are low-value consumables, so keep the claim proportionate.
SourcesTDS Guide to Inventories, check-in and check-out reportsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for replacing smoke alarm batteries?
Only in limited cases, and only for the batteries. In England, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require you to check that alarms work on the day a new tenancy begins and, if a tenant reports an alarm as faulty, to repair or replace it as soon as reasonably practicable. GOV.UK’s Q&A booklet says tenants are advised to replace the batteries if an alarm stops working, and recommends sealed-for-life batteries. TDS’s guide to inventories suggests the tenant confirms at check-in that the alarms worked and that changing batteries during the tenancy is their responsibility. If your agreement and check-in record say this, the cost of batteries left flat or missing may be claimable.
SourcesSmoke and Carbon Monoxide Alarm (England) Regulations 2015, regulation 4GOV.UK: The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Q&A booklet for the private rented sectorTDS Guide to Inventories, check-in and check-out reports
Who pays for a broken window if I can’t prove the tenant broke it?
Without evidence of what caused it, a deposit claim is hard to make out, because the burden of proof is on you. The schemes’ joint guide says the adjudicator must be persuaded, on the balance of probabilities, that the tenant broke the tenancy terms and that you lost out as a result. Repairs to the structure and exterior are your responsibility under section 11 of the Landlord and Tenant Act 1985, which doesn’t cover work the tenant is liable for because they failed to use the home in a tenant-like manner. Evidence that helps: a check-in report showing the glass intact, any message from the tenant about the breakage, a glazier’s view of the cause and any crime reference.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)Landlord and Tenant Act 1985, section 11 (repairing obligations in short leases)TDS: How TDS approaches disputes involving damage and missing items
Can I claim for damage I only found after the check-out?
You can, but it is harder to prove. TDS’s guide to inventories says check-in and check-out reports must be contemporaneous: the check-out done as soon as possible, ideally on the last day after the tenant has left and before any cleaning or work; a gap leaves room for argument. The joint guide also says check-out evidence should be completed as soon as possible after the keys are returned. If you find hidden damage later, photograph it at once, note who has been in the property since, and raise it with the tenant before the deposit is agreed. If the deposit has already been repaid, any claim would have to go through the courts.
SourcesTDS Guide to Inventories, check-in and check-out reportsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Tenancy deposit disputes and small claims court
Can I charge my tenant for a stained mattress?
Yes, if the check-in report shows it was unstained and the check-out shows new staining, but you must allow for its age and condition. In a mydeposits case, a used mattress returned heavily stained led to an award of 50% of the replacement cost (£80), while a second with only light marks got £40, the cost of cleaning, because cleaning would have been a reasonable first step. TDS’s guide to inventories says deductions for soiled mattresses may be for cleaning, compensation or a percentage of the replacement cost. TDS and mydeposits both give a medium-quality mattress a life of up to 8 years. Record mattresses in detail at check-in, with photos.
Sourcesmydeposits: Resolution case study, replacement mattressesTDS Guide to Inventories, check-in and check-out reportsmydeposits: A guide on the life expectancy of rental property products
Should I clean or replace a stained mattress before claiming from the deposit?
Try cleaning first, unless the staining makes the mattress unusable. The schemes’ joint guide says replacement is justified where an item is damaged beyond economic repair or unusable, and that otherwise repair or cleaning is the more likely award. In a mydeposits case, light marks that could have been cleaned led to only a £40 cleaning award, while a heavily stained mattress led to a 50% contribution to replacement. You don’t have to do the work before claiming, as a quote can support the claim, though invoices carry more weight. If cleaning fails, keep the cleaner’s note saying so, and claim replacement less an allowance for age: mydeposits gives a medium-quality mattress up to 8 years.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, replacement mattressesmydeposits: A guide on the life expectancy of rental property products
Can I charge for scratches on a dining table?
Light scratches from everyday use are normally fair wear and tear; deeper scratches, dents, burns or ring marks can be claimed, allowing for the table’s age and condition at check-in. TDS’s guide to inventories says tenants should protect furnishings and that marks, scratches, burns and ring marks may lead to deductions. A repair is the more likely award than a new table. In a mydeposits case, a coffee table recorded at check-in with ’some marks and wear’ came back with dents and wax marks; after a two-year tenancy the landlord was awarded £100.68, 60% of a £167.80 quote to sand, fill and re-varnish it. Describe the table precisely at check-in, with close-up photos.
SourcesTDS Guide to Inventories, check-in and check-out reportsmydeposits: Resolution case study, repairs and replacement itemsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge if my tenant moved my furniture to the shed or loft and it got damaged?
You can claim if you didn’t agree to the move and the damage came from how it was stored. TDS’s guide to inventories says furnishings should be returned in the same condition and position as at check-in, allowing for fair wear and tear, and that tenants should protect them during the tenancy. Furniture left in a damp shed or unventilated loft can suffer damp, mould or breakage that ordinary use wouldn’t cause. If you agreed in writing that the tenant could store it, the outcome may turn on what was agreed about where and how. Either way, any award allows for the item’s age and condition at the start. Keep any messages about the move.
SourcesTDS Guide to Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving damage and missing itemsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge for missing or broken crockery and cutlery in a furnished let?
Yes, if your inventory recorded what was there. TDS’s guide to inventories says crockery, chinaware and utensils are inspected for damage and cleanliness, should be left where they were at the start or may be noted as missing, and that compensation or replacement costs may be claimed for damage beyond fair wear and tear. For missing items, TDS bases any award on second-hand value at the end of the tenancy, not the price of new. The odd chip over a long tenancy may count as wear. List quantities at check-in, for example ’six white dinner plates, unchipped’, and claim the reasonable cost of matching items, allowing for their age.
SourcesTDS Guide to Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving damage and missing itemsmydeposits: A guide on the life expectancy of rental property products
Can I charge my tenant for damaged or missing curtains and blinds?
Yes, for damage beyond fair wear and tear, allowing for their age. TDS’s guide to inventories says staining, burns, tears and discolouration from smoke may lead to costs, but only excessive discolouring that can’t be put down to sun bleaching or wear and tear. Missing items are valued at their second-hand value, not new. TDS’s lifespan guide gives medium-quality curtains up to 10 years and blinds up to 8, so a claim should be reduced for the years already used. Claim cleaning where cleaning would solve it, repair (for example a broken blind mechanism) where it would, and a share of replacement only where they are beyond repair. Record their make and condition at check-in.
SourcesTDS Guide to Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving damage and missing itemsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Are sun-faded curtains fair wear and tear?
Yes, fading from sunlight is normally fair wear and tear. The schemes’ joint guide defines fair wear and tear as reasonable use by the tenant and ’the ordinary operation of natural forces’, and sunlight is one of those forces. TDS’s guide to inventories draws the same line: only excessive discolouring that can’t be put down to sun bleaching or wear and tear may lead to costs, while staining, burns, tears and smoke discolouration may be charged. Fading builds up over years, so after a long tenancy, or with curtains that were already old, there is even less basis for a claim. Record the curtains’ condition and colour in dated photos at check-in.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)TDS Guide to Inventories, check-in and check-out reportsmydeposits: Fair wear and tear, what is it and how is it applied?
How does an adjudicator decide claims in a furnished property?
Item by item: the adjudicator compares the check-in and check-out reports to see whether each piece is in worse condition, then whether that goes beyond fair wear and tear. The schemes’ joint guide lists the factors: the length of the tenancy, the number and age of occupants, and each item’s age, quality and condition at the start. TDS says it won’t assume an item was in good condition if the check-in report doesn’t describe it, and values missing items at second-hand value. In a DPS ’Be the adjudicator’ case, a claim to remove furniture failed because the only inventory was made two years into the tenancy. Itemise and photograph every piece at check-in.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving damage and missing itemsDPS: Be the adjudicator (case studies, including ’Furnished with the facts’)
Who pays when the washing machine breaks during or at the end of a tenancy?
It depends on why it broke and what your agreement says. Section 11 of the Landlord and Tenant Act 1985 excludes appliances from the statutory repair duty, so responsibility for repairing them comes from the agreement. A breakdown from age and normal use is fair wear and tear: the joint guide gives the example of an old washing machine whose door handle broke during the tenancy. You can claim only where the evidence, ideally an engineer’s report, shows misuse or neglect; in one mydeposits case, a heavily mouldy door seal led to an award of 80% of the seal plus labour. Lifespans differ by scheme: TDS 6 to 8 years, DPS 3 to 5, mydeposits up to 7.
SourcesLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, repairs and replacement itemsmydeposits: A guide on the life expectancy of rental property products
Can I charge my tenant for a cracked hob?
Yes, if the crack wasn’t there at check-in, but the claim should be for a like-for-like replacement less an allowance for the hob’s age, not the full cost. In a mydeposits case, an induction hob that was a year old at the start came back with a 7cm hairline crack after a tenancy of just over two years. Because the crack didn’t stop it working and the hob was over three years old, the landlord’s £802 estimate for a new hob and fitting was reduced to £420. The adjudicator noted there was no allowance for wear and tear and no evidence the replacement was like for like. Record the hob’s make, model and condition at check-in.
Sourcesmydeposits: Resolution case study, hob replacementGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: A guide on the life expectancy of rental property products
Can I charge my tenant for scratches on a ceramic or induction hob?
Light scratches from pans are generally normal use; deeper scratches, chips or marks from misuse may be claimed, allowing for the hob’s age. In a mydeposits case the tenant accepted some minor scratches from pans ’as you would expect from normal use’; the award there was for a crack, and it was compensation rather than the price of a new hob, because the hob still worked. Burnt-on residue is a cleaning matter, and mydeposits says fair wear and tear doesn’t apply to cleaning, so a cleaning cost isn’t reduced for age. Photograph the glass at check-in with close-ups in good light, so new scratches can be told apart from old ones.
Sourcesmydeposits: Resolution case study, hob replacementmydeposits: Fair wear and tear, what is it and how is it applied?TDS Guide to Inventories, check-in and check-out reports
Can I charge my tenant for a cracked fridge or freezer drawer?
Yes, if the drawer was intact at check-in and the crack goes beyond fair wear and tear, but claim the cost of a replacement drawer, not a new fridge. The schemes’ joint guide says replacement of an item is justified only where it is beyond economic repair or unusable, and that you shouldn’t claim more than is needed to make good the loss. TDS says awards allow for an item’s age, quality and expected life, so the appliance’s age matters: mydeposits gives fridges and freezers up to 10 years. A price for the replacement part, quoting the model number, is good evidence. Record drawers and shelves, and any cracks, in the check-in report.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving damage and missing itemsmydeposits: A guide on the life expectancy of rental property products
If my tenancy agreement says appliances are left "as a gesture of goodwill", who pays to repair them?
It depends on the exact wording of your agreement. Appliances aren’t covered by your statutory repair duty under section 11 of the Landlord and Tenant Act 1985, so a clause saying you won’t repair or replace them can form part of what you agreed. Some duties apply whatever the clause says: gas appliances you provide must have an annual safety check under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, and GOV.UK says landlords must make sure appliances they supply are safe. For the deposit, the clause doesn’t make the tenant liable for breakdowns from age: if the appliance is in the inventory, they pay only for damage beyond fair wear and tear.
SourcesLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)Gas Safety (Installation and Use) Regulations 1998, regulation 36GOV.UK: Private renting for tenants (printable guide)Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for an appliance that stopped working because of its age?
No. An appliance that stops working because it has reached the end of its life is fair wear and tear, which the schemes’ joint guide defines as reasonable use and ’the ordinary operation of natural forces’. It warns against using the deposit to replace items coming to the end of their natural life, such as an old washing machine, and says the deposit isn’t an insurance policy paying ’new for old’. You can claim only where evidence, ideally an engineer’s report, shows the tenant’s misuse or neglect caused the failure, and even then with an allowance for age. For reference, mydeposits gives medium-quality washing machines up to 7 years and cookers up to 10.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: A guide on the life expectancy of rental property productsTDS: How TDS approaches disputes involving damage and missing items
Can I charge my tenant for a blocked drain or toilet?
Yes, if the evidence shows the tenant’s use caused it; if the fault was in the pipes or drains themselves, it is your repair. Section 11 of the Landlord and Tenant Act 1985 makes you responsible for drains and sanitation, except for work needed because the tenant didn’t use the home in a tenant-like manner. In a mydeposits case, a plumber’s report said a toilet was blocked by baby wipes that couldn’t have been there for more than a month, so the £148 cost of clearing it was awarded in full. A contractor’s written view of the cause is the key evidence. TDS’s guide to inventories says drains should be tested and free-running at check-out.
SourcesLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)mydeposits: Resolution case study, blocked toilet, leaking sink and floor damageTDS Guide to Inventories, check-in and check-out reports
Can I charge my tenant if they didn’t report a leak and it caused more damage?
Yes, for the extra damage the delay caused, but not for fixing the leak itself if it came from wear in the plumbing. In a mydeposits case, a sink leak came from a worn joint and tap washer, which were the landlord’s responsibility. The tenant tried to fix it and reported it only once the laminate floor began to warp. The adjudicator awarded 20% of the sink repair and 60% of the £370 floor replacement, allowing for the floor’s age. mydeposits notes that landlords can only act on a problem once it has been brought to their attention. Keep the date of the first report and a plumber’s view of how long the leak ran.
Sourcesmydeposits: Resolution case study, blocked toilet, leaking sink and floor damageLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)mydeposits: Understanding damp, mould and condensation
Can I charge my tenant for mouldy silicone sealant around the bath or shower?
It depends on whether it is dirt the tenant could have cleaned, sealant that has aged, or a ventilation problem. Surface mould that cleans off is a cleaning matter, and mydeposits says fair wear and tear doesn’t apply to cleaning. Sealant deteriorates with age like any item, so resealing old silicone may be your maintenance. If the bathroom lacked working ventilation, the mould can’t fairly be put on the tenant: in one mydeposits case, bathroom mould with a broken extractor fan the tenant had reported led to no award. In another, a heavily mouldy washing machine seal that cleaning couldn’t restore led to 80% of the part. Record the sealant’s age and condition at check-in.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: Resolution case study, damp and mould (bathroom and bedroom)mydeposits: Resolution case study, repairs and replacement itemsGOV.UK: Understanding and addressing the health risks of damp and mould in the home
Can I charge my tenant for a burn mark on the kitchen worktop?
Yes, a burn is damage rather than fair wear and tear, but the claim must allow for the worktop’s age and condition. In one mydeposits case, a six-inch burn ring on a worktop that already showed wear at check-in led, after a two-year tenancy, to an award of £268.20: 30% of an £894 estimate for a whole new worktop, as full cost would be betterment. In another, where the check-in report recorded the worktop as unmarked and the landlord claimed only for replacing the damaged section, £275 of £323 was awarded. TDS’s guide to inventories says kitchen surfaces are checked for knife cuts, scorch and burn marks. Get more than one quote, split into labour and materials.
Sourcesmydeposits: Resolution case study, kitchen worktop damagemydeposits: Resolution case study, repairs and replacement itemsTDS Guide to Inventories, check-in and check-out reports
Should I claim for a whole new worktop or just the damaged section?
Claim for the smallest repair that puts the damage right. The schemes’ joint guide says damage may not be extensive enough to justify replacing a whole worktop at the tenant’s expense, though an award can still be made for the damage. In one mydeposits case, a landlord who claimed only for replacing the damaged section was awarded £275 of £323. In another, an estimate for a whole new worktop because of one burn mark led to 30%. mydeposits suggests asking whether the worktop area is large or small, whether one section can be replaced because the design is still available, and whether a very small mark has a cheaper fix. Send all your quotes, broken down into labour and materials.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, repairs and replacement itemsmydeposits: Resolution case study, kitchen worktop damage
Can I charge my tenant for a cracked basin, toilet or bath?
Yes, if the crack came from the tenant’s misuse or an accident, such as something heavy dropped into the basin. Otherwise basins, sinks, baths and toilets are part of your repair duty under section 11 of the Landlord and Tenant Act 1985, which doesn’t cover work the tenant is liable for because they failed to use the home in a tenant-like manner. mydeposits notes that if a weight is dropped into a sink it may crack whatever its quality. No scheme publishes a lifespan for sanitaryware, so keep invoices showing its age and quality, and record it at check-in with close-up photos. Claim a repair where one is possible, and replacement only less an allowance for age.
SourcesLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)mydeposits: Fair wear and tear, what is it and how is it applied?Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for a broken toilet seat?
Sometimes. mydeposits’ guide to product lifespans lists loose toilet seats as an example of what may be fair wear and tear. It says that where a seat is described as loose at check-in and is broken at the end, it may not be reasonable to charge, because on balance the break came from its original condition and everyday use combined. A seat that was secure and in good order at check-in and is cracked or snapped at check-out may be treated as damage. Even then, claim the cost of a similar seat, allowing for its age, plus fitting. Record in the check-in report whether each seat is firmly fixed and undamaged.
Sourcesmydeposits: A guide on the life expectancy of rental property productsmydeposits: Fair wear and tear, what is it and how is it applied?Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Are loose door handles and cupboard hinges fair wear and tear?
Yes, usually. mydeposits lists loose door handles and hinges among its examples of fair wear and tear, alongside faded paint and worn carpets, and its guide to product lifespans also names loose door handles. They work loose through ordinary daily use, so tightening them is normal maintenance. It is different if a handle is snapped off, a hinge is torn out or a door is forced: breaking something is damage, which you can claim if the check-in report shows the fitting was sound, allowing for its age. Record kitchen and bathroom cupboards in the check-in report, noting any doors that are already loose or misaligned.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: A guide on the life expectancy of rental property productsGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Gardens, pets, smoking, damp and pests
42 questions
Can I charge for the garden?
Yes, if the tenancy agreement makes the tenant responsible for the garden and the evidence shows it was left in worse order than at check-in. Adjudicators allow for seasonal change: in one mydeposits case, where the tenancy began in autumn, ended in summer and some overgrowth was already recorded at check-in, the landlord received 70% of the claim. Record the garden in the check-in report with photos, take check-out photos from the same angles, and get a quote or invoice listing the work. Repairs to the structure remain your responsibility.
Sourcesmydeposits: Resolution case study, garden maintenanceTDS Guide to Inventories, check-in and check-out reportsTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)
Can I charge for pest control?
Sometimes. You need to show the infestation arose during the tenancy and was the tenant’s responsibility, not a problem with the building. In one mydeposits case, a contractor dated bed bugs to the tenancy and the check-in report recorded none, so treatment was awarded in full. The joint guide notes that you are always liable for the structure and repair of the property, so the adjudicator needs to see why a contractor’s bill wasn’t your responsibility. Send the check-in report, the contractor’s report and invoice, and your correspondence.
Sourcesmydeposits: Resolution case study, pest infestation and replacement itemsmydeposits: Adjudication case study, cockroach infestation and cleaning responsibilitiesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)
Can I charge for damage caused by the tenant’s guests or pets?
Yes, if the damage goes beyond fair wear and tear and the tenancy agreement makes the tenant responsible. For pets, GOV.UK says you can keep money from the deposit for repairs caused by pet damage, but you must not also claim the same damage from insurance. Under the rules from 1 May 2026, you can’t refuse a tenant’s pet request in England without a fair reason, and mydeposits says a permitted pet is likely to cause more wear than otherwise expected. For guests, adjudicators start from what the tenancy agreement says the tenant must do.
SourcesGOV.UK: Assured tenancy agreements, a guide for landlords: if a tenant wants a pet to live with themmydeposits: A guide on the life expectancy of rental property productsmydeposits: Fair wear and tear, what is it and how is it applied?TDS: How to present your case to a TDS adjudicatorTDS: #AskTDS, What can I use my tenant’s deposit for?
Is pet damage ever fair wear and tear?
No, damage a pet causes isn’t fair wear and tear, but an agreed pet does raise the level of wear you should expect. mydeposits says damage beyond normal wear caused by pets is the tenant’s responsibility, and one of its case studies puts it plainly: pet damage is damage, not fair wear and tear. Scratched doors, chewed woodwork and urine-stained carpets can be claimed. But mydeposits also says a permitted cat or dog is likely to cause more wear than might otherwise be expected, so extra general wear may still be fair wear and tear. GOV.UK confirms you can keep money from the deposit for pet damage, but not claim the same damage on insurance too.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: A guide on the life expectancy of rental property productsmydeposits: Resolution case study, kitchen worktop damageGOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with them
Can I refuse a tenant’s pet request because of the risk of damage?
Usually not, in England. Since 1 May 2026, section 16A of the Housing Act 1988, added by the Renters’ Rights Act 2025, makes it a term of assured tenancies that you can’t unreasonably refuse a tenant’s written request to keep a pet, and you must reply in writing within 28 days. GOV.UK says refusing would usually be unreasonable if you have general concerns about potential damage, or previous tenants’ pets damaged the property. Reasons that may be reasonable include a head lease that forbids pets, another tenant’s allergy, a home too small for the animal, or a pet that is illegal to own. You can still deduct for pet damage from the deposit, within the usual deposit cap.
SourcesRenters’ Rights Act 2025, section 11 (right to request permission to keep a pet)GOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for a mouse infestation caused by food or rubbish left out?
Yes, if the evidence shows the tenant’s living conditions caused it rather than a defect in the building. In a mydeposits case, a contractor reported a cockroach infestation caused by ’tenant living’, and inspections and the check-out found rotting food and rubbish throughout, so two treatments costing £240 were awarded. But the schemes’ joint guide says you are always liable for the structure and repair of the property, so the adjudicator needs to see why the pest control bill wasn’t your responsibility. If mice got in through gaps in the structure, sealing them is your repair. Send a pest contractor’s report on cause and entry points, inspection reports and your messages to the tenant.
Sourcesmydeposits: Adjudication case study, cockroach infestation and cleaning responsibilitiesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, pest infestation and replacement itemsLandlord and Tenant Act 1985, section 11 (repairing obligations in short leases)
Can I charge my tenant for removing a wasp nest?
Usually not, because a wasp nest isn’t normally something the tenant caused or could have prevented. The schemes’ joint guide says you are always liable for the structure, maintenance and repair of the property, and that an adjudicator needs to understand why a contractor’s fee wasn’t part of that responsibility before the tenant is made to pay it. mydeposits’ pest case studies turned on evidence that the infestation arose during the tenancy and was the tenant’s responsibility, such as a contractor’s report on its cause. Unless you have clear evidence linking the nest to something the tenant did or failed to do under the tenancy agreement, treat its removal as a maintenance cost.
SourcesGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)mydeposits: Resolution case study, pest infestation and replacement itemsmydeposits: Adjudication case study, cockroach infestation and cleaning responsibilities
Do I need to record that there were no pests at check-in to claim for pest control?
It isn’t a legal requirement, but without it a pest claim is hard to make out. TDS says it won’t assume something was in good condition if the check-in report doesn’t describe it, and the burden of proof is on you. In mydeposits’ bed bug cases, a check-in report showing no infestation, plus a contractor’s report dating the infestation to the tenancy, led to treatment costs being awarded in full. Note at check-in that there were no signs of pests in each room, such as droppings, nests or live insects, with photos of the kitchen, loft and under sinks. Record anything found at mid-term inspections, and keep the contractor’s report on the cause.
SourcesTDS: How TDS approaches disputes involving damage and missing itemsmydeposits: Resolution case study, pest infestation and replacement itemsmydeposits: Adjudication case study, pest infestationGuide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for mould in the shower or bathroom?
Only if the evidence shows the tenant caused it, for example by not cleaning or ventilating when they could have. Surface mould on tiles and grout that wipes off is a cleaning matter. But GOV.UK guidance says it is ’totally unreasonable’ to blame damp and mould on lifestyle choices, because bathing and drying laundry unavoidably produce moisture, and the fundamental cause is building deficiencies, inadequate ventilation or heating, or poor energy efficiency. In a mydeposits case, bathroom mould recorded at check-in, with an extractor fan the tenant had reported as broken, led to no award. Record at check-in that the fan works and the room is mould-free, and keep records of how you responded to any report.
SourcesGOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Resolution case study, damp and mould (bathroom and bedroom)TDS: #AskTDS, Can I claim for redecoration if there is mould present at the end of the tenancy?mydeposits: Fair wear and tear, what is it and how is it applied?
Can I deduct from the deposit for mould at the end of a tenancy?
Only where you can show it arose during the tenancy because of something the tenant did or failed to do. TDS says an adjudicator looks for clear evidence of exactly that, and without it an award is difficult. In England, section 9A of the Landlord and Tenant Act 1985 requires you to keep the home fit for human habitation, and section 10 lists freedom from damp and ventilation among the tests. GOV.UK guidance says the root cause is usually the building, not tenants’ everyday activities. In one mydeposits case, a tenant who never reported bedroom mould paid 45% of the redecoration (£112); in another, the deposit went back in full because the landlord didn’t follow up the tenant’s reports.
SourcesTDS: #AskTDS, Can I claim for redecoration if there is mould present at the end of the tenancy?Landlord and Tenant Act 1985, section 9A (fitness for human habitation)Landlord and Tenant Act 1985, section 10 (fitness for human habitation)GOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Resolution case study, damp and mould (bathroom and bedroom)
Is condensation mould my tenant’s fault or mine?
It depends on the cause, and the burden of proving it was the tenant is on you. GOV.UK guidance says it is totally unreasonable to blame damp and mould on ’lifestyle choices’: cooking, bathing and drying laundry unavoidably produce moisture, and the fundamental cause is building deficiencies, inadequate ventilation or heating, or poor energy efficiency. mydeposits says rising and penetrating damp are the landlord’s to fix, minor condensation is for the tenant to manage, but severe condensation caused by poor ventilation or heating is the landlord’s. A tenant may share responsibility if they blocked vents or didn’t report spreading mould. mydeposits says a surveyor’s report on the cause is the best evidence, as adjudicators can’t assess it themselves.
SourcesGOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Understanding damp, mould and condensationmydeposits: Resolution case study, damp and mould (drying clothes and ventilation)Guide to Deposits, Disputes and Damages (TDS, DPS and mydeposits, revised July 2026)
Can I blame mould on my tenant drying clothes indoors?
Not on its own. GOV.UK guidance names drying laundry among the everyday tasks that unavoidably produce moisture, says it is totally unreasonable to blame damp and mould on lifestyle choices, and suggests landlords consider providing secure space to dry laundry outdoors. In a mydeposits case, a decorator’s report blamed drying clothes on radiators and poor ventilation, yet the deposit went back in full: the agent hadn’t followed up the tenant’s reports, the decorator wasn’t qualified to judge the cause, and only part of the house had been newly painted, which can be a sign of an underlying problem. If you believe ventilation was misused, a qualified surveyor’s report is the strongest evidence.
SourcesGOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Resolution case study, damp and mould (drying clothes and ventilation)mydeposits: Understanding damp, mould and condensation
If there was some mould at check-in and it got worse, can I claim anything?
Possibly, but only for worsening the tenant caused, and it is much harder if the original problem wasn’t dealt with. In a mydeposits case, mould on a bathroom ceiling recorded at check-in spread during the tenancy, but the extractor fan was broken, the tenant had reported it and nothing was done, so no award was made. The adjudicator noted that damp and mould can come from a lack of ventilation or a structural defect. TDS advises treating condensation, damp and mould before a tenancy starts so they don’t come back. If some mould remains at check-in, record its extent precisely with photos, and use mid-term inspections to show how it changed.
Sourcesmydeposits: Resolution case study, damp and mould (bathroom and bedroom)TDS: #AskTDS, Can I claim for redecoration if there is mould present at the end of the tenancy?GOV.UK: Understanding and addressing the health risks of damp and mould in the home
Can I charge my tenant for mould if they never reported it during the tenancy?
Possibly a share of the cost, if the delay made it worse. In a mydeposits case, a tenant who never reported bedroom mould, which a decorator put down to poor ventilation and furniture against the wall, paid 45% of the redecoration (£112 of £550 disputed), because not reporting it let the problem escalate. You still need evidence of the cause, and must allow for the decoration’s age. GOV.UK guidance says the responsibility to identify damp and mould sits with both tenant and landlord, and that landlords should make clear how to report it and check their homes themselves. Mid-term inspections help show when it started and whether the tenant should have noticed.
Sourcesmydeposits: Resolution case study, damp and mould (bathroom and bedroom)GOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Understanding damp, mould and condensation
Can I charge for mould caused by furniture pushed against walls or blocked vents?
Possibly, if a qualified report shows the tenant’s actions, rather than the building, caused or worsened it. In a mydeposits case, bedroom mould put down to poor ventilation and furniture pushed against the wall led to a 45% contribution to redecorating, partly because the tenant hadn’t reported it. GOV.UK guidance suggests landlords talk to tenants about leaving a gap between furniture and external walls and keeping trickle vents clear, but also says vents should be controllable so tenants aren’t tempted to block them, and that the fundamental cause is usually the building. Give tenants written guidance at check-in, check vents at inspections and photograph any that are blocked.
Sourcesmydeposits: Resolution case study, damp and mould (bathroom and bedroom)GOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: Understanding damp, mould and condensation
Who pays for mould caused by rising or penetrating damp?
You do. Rising damp comes up from the ground and penetrating damp gets in through defects in walls, roofs, windows or gutters, so both are building problems. Section 11 of the Landlord and Tenant Act 1985 makes you keep the structure and exterior in repair, and section 92 of the Renting Homes (Wales) Act 2016 does the same in Wales. GOV.UK’s damp and mould guidance says landlords are legally responsible for addressing damp and mould whatever its type, and mydeposits lists both kinds as the landlord’s. So mould or redecoration caused by structural damp isn’t a fair deduction. A claim is only arguable for a separate cause your tenant was responsible for, backed by a damp specialist’s report.
SourcesLandlord and Tenant Act 1985, section 11Renting Homes (Wales) Act 2016, section 92GOV.UK: Understanding and addressing the health risks of damp and mould in the homemydeposits: A guide to renting with damp and mould
How do adjudicators allow for seasonal growth when I claim for the garden?
They compare the garden with how it was recorded at check-in, allowing for the time of year, so your tenant isn’t charged for natural seasonal change. TDS’s inventory guide says the tenant isn’t responsible for seasonal variations, such as less growth and fewer flowers in winter. In one mydeposits case the tenancy began in autumn and ended in summer, and some overgrowth was already recorded at check-in, so the landlord received 70% of a £290 garden quote. Record the garden at check-in with dated photos and a description such as ’good seasonal order’, take check-out photos from the same angles, and make sure the quote lists the exact work.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, garden maintenancemydeposits: Resolution case study, garden care and rubbish removal
Is my tenant responsible for cutting back large trees and hedges?
Usually not. Tenants are normally expected to do routine upkeep: TDS’s inventory guide lists cutting lawns, weeding beds and sweeping up cuttings and leaves, and says pruning bushes and shrubs can be included but should be agreed with you first. In one mydeposits case, the adjudicator found that trees, hedges and shrubs that were already well established and well above head height were impractical and unreasonable to expect a tenant to maintain, and made no award for that work. If you want your tenant to look after particular hedges, say so in the tenancy agreement and give written care instructions. Otherwise, budget for tree work and tall hedges yourself.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, garden care and rubbish removal
Can I charge my tenant for a patchy or dead lawn?
Only if the evidence shows the tenant neglected upkeep they were responsible for, judged against the lawn’s condition and the season at check-in. TDS’s inventory guide includes cutting lawns in normal garden upkeep and says tenants aren’t responsible for seasonal variations. In one mydeposits case the check-out recorded a patchy lawn alongside overgrowth and weeds, and the landlord received 70% of the garden quote after allowing for the seasons. Dry weather, shade and age can also thin a lawn: in another mydeposits case no award was made for a dead tree, because the tenant had no special care instructions and plants can die for many reasons. Describe and photograph the lawn at check-in.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, garden maintenancemydeposits: Resolution case study, garden care and rubbish removal
Can I charge my tenant for dog urine patches on the lawn?
Yes, if the patches weren’t there at check-in and they came from your tenant’s dog. mydeposits says damage beyond normal wear caused by pets is the tenant’s responsibility, and its guide to pet rent and deposits lists damage to lawns among typical dog damage. GOV.UK confirms you can keep money from the deposit for repairs caused by pet damage, but not also claim the same damage on insurance. Claim the reasonable cost of putting the patches right, such as reseeding or patching, rather than a new lawn, unless a gardener explains why more is needed. No scheme publishes a lifespan for turf, so allow for the lawn’s condition at the start. Photograph it at check-in and check-out.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: Pet rent and pet deposits UK, rules for landlords and tenantsGOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themTDS: Inventories, check-in and check-out reports
Can I charge my tenant for broken fences, sheds or decking?
Only for damage your tenant caused, not for age, weather or rot. The schemes’ joint guide reminds adjudicators that you are always liable for the structure, maintenance and repair of the property under statute, so they will want to know why a contractor’s bill isn’t part of your own repair duty. A fence panel kicked in or a shed door forced off is damage; a fence blown down or decking that has rotted points to weather or age. TDS’s inventory guide says boundary fencing, garages and outbuildings should be listed in the check-in with their condition. No scheme publishes lifespans for fences, sheds or decking, so allow for their age and ask the contractor to note the cause.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Inventories, check-in and check-out reports
Can I charge if my tenant removed plants or changed the garden without permission?
Yes, if you can show what was there and that the change left you worse off, but you need good records. TDS’s inventory guide notes that check-in reports usually record a garden’s general condition only, without an itemised list of plants and shrubs, so list and photograph any plants that matter to you. For décor changes, TDS asks whether permission was given and whether the result is better or worse, and may make no award where the tenant improved things; expect the same questions about a garden. Claim the reasonable cost of reinstating similar plants or the original layout, not an upgrade, and keep any messages about what you agreed.
SourcesTDS: Inventories, check-in and check-out reportsTDS: How TDS approaches disputes involving redecorationA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Why would an adjudicator cut my gardener’s invoice?
Usually because it includes work your tenant wasn’t responsible for, or doesn’t show what each part cost. In one mydeposits case, a £650 invoice was cut to £222: it included £95 for rubbish the tenant had already removed with the landlord’s permission, pruning of large trees the tenant wasn’t responsible for, and work that would leave the garden better than at check-in. Adjudicators also allow for seasonal growth and anything already overgrown at the start. TDS says it is likely to reduce an invoice that isn’t detailed and looks too high for the work. Ask your gardener to itemise each task and its cost, matched to the check-out report.
Sourcesmydeposits: Resolution case study, garden care and rubbish removalmydeposits: Resolution case study, garden maintenanceTDS: How TDS approaches disputes involving damage and missing items
Can I charge for weeds on the patio and driveway?
Yes, if the check-in shows them clear and your tenant was responsible for the outside areas. TDS’s inventory guide says most tenancy agreements make tenants responsible for gardens and exterior areas such as driveways, including weeding and maintaining paths and driveways according to the season. In one mydeposits case the patio and driveway were clear of weeds at check-in and weedy at check-out, and the tenant was held responsible for costs towards weed control. Charges are measured against the start condition, allowing for the season, so record hard surfaces in the check-in with dated photos. Claim the reasonable cost of weeding, not resurfacing.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, garden care and rubbish removal
What are the most common garden disputes at the end of a tenancy?
In the schemes’ published cases, the usual arguments are about overgrown lawns, borders and hedges, weeds in patios and driveways, rubbish left in the garden, plants that died, and how much work was the tenant’s. DPS lists garden maintenance among its five main types of deposit claim. Most disputes turn on three questions: was the tenant responsible for the garden under the agreement, what did the check-in record and in which season, and is the invoice limited to putting the garden back to that condition? mydeposits has refused awards for large trees above head height and for a dead tree with no care instructions, and reduced claims for seasonal change.
SourcesDPS: What makes a reasonable deposit claim?mydeposits: Resolution case study, garden care and rubbish removalmydeposits: Resolution case study, garden maintenanceTDS: Inventories, check-in and check-out reports
Can I deduct redecoration costs if my tenant smoked indoors?
Yes, for rooms where the evidence shows smoke damage beyond fair wear and tear, such as nicotine-stained walls and ceilings or a lingering smell, but usually only a share of the cost. In one mydeposits case, a tenant smoked in breach of the agreement in a home decorated two weeks before the tenancy; the bedroom and living room were heavily discoloured and smelt of smoke, so the landlord could recover the cost of repainting those two rooms, less an allowance for nearly three years’ wear. Allow for the paint’s age using your scheme’s decoration lifespan. Keep the decorator’s invoice from before the tenancy, the check-in and check-out reports, and any messages showing the smoking.
Sourcesmydeposits: Deposit dispute case study, smoking and redecorationTDS: How TDS approaches disputes involving redecorationA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Will an adjudicator award a full redecoration to get rid of a smoke smell?
Not automatically: adjudicators award for the work the evidence shows is needed. In mydeposits’ smoking case, the landlord’s estimate was to redecorate the whole home, but the check-out showed only two rooms discoloured and smelling of smoke, and the contractor advised that one fresh coat of paint would remove the odour and discolouration. The award covered painting those two rooms, less an allowance for fair wear and tear. To support wider work, the check-out report needs to record the smell and staining room by room, because photos can’t show a smell, and a decorator should explain in writing why each area needs treatment.
Sourcesmydeposits: Deposit dispute case study, smoking and redecorationTDS: Inventories, check-in and check-out reportsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Is breaking a no-smoking clause enough to deduct, or do I need to show damage?
You need to show damage or loss. A deduction is damages for a breach, so, as the schemes’ joint guide puts it, the adjudicator must be persuaded that your tenant broke the agreement and that you suffered, or are likely to suffer, a loss as a result. mydeposits’ smoking case says the same: even if there is a breach, the evidence must show it caused damage and a cost. Proof of smoking alone, such as an admission in an email, isn’t enough. Pair it with a check-out report recording a smoke smell or staining that wasn’t there at check-in, and a quote or invoice for the cleaning or redecoration needed.
SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Deposit dispute case study, smoking and redecorationTenant Fees Act 2019, Schedule 1 (permitted payments)
Can I fine my tenant for smoking in the property?
No. In England, a fine or penalty isn’t one of the payments the Tenant Fees Act 2019 allows, so requiring one is a prohibited payment and a clause imposing it isn’t binding on your tenant. The council can fine a landlord up to £5,000 for a first breach. What the Act does permit is damages for breach of the tenancy agreement: your actual loss. If your tenant smoked against the agreement, you can claim the reasonable cost of putting right what the smoking caused, such as extra cleaning or redecoration, backed by the check-out report and invoices, with fair wear and tear allowed for. A set penalty on top of that isn’t allowed.
SourcesTenant Fees Act 2019, section 1Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)
How do I prove my tenant smoked in the property?
With evidence of its effects, recorded against the check-in. TDS’s inventory guide notes that photos can’t show smells such as smoke, so the check-out report needs to record the smell in each room, ideally by an independent clerk, and the check-in should state the home was free from odour. Add dated photos of nicotine staining on walls, ceilings or curtains, burns, ash or cigarette ends, and any messages in which your tenant admits smoking: in mydeposits’ smoking case, emails and the tenant’s own comments showed it. Mid-term inspection notes and a decorator’s statement about the staining help too. Then show the cost of putting it right.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Deposit dispute case study, smoking and redecorationA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for getting rid of a cannabis smell?
Yes, on the same basis as tobacco smoke: the reasonable cost of cleaning, treating or redecorating to remove a smell that wasn’t there at check-in, with fair wear and tear allowed for on decoration. TDS’s inventory guide says odours, including smoking, must be removed before check-out, and photos can’t show a smell, so the check-out report must record it. In one mydeposits case where the check-out noted a distinct smell and signs that cannabis had been grown, the landlord recovered cleaning, rubbish removal and repair costs backed by invoices. The joint guide says an adjudicator may decide that a case involving alleged criminal activity is better dealt with in court.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Resolution case study, damage due to cannabis and lock changeA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for vaping residue on walls and windows?
Yes, if the residue wasn’t there at check-in and needs cleaning or redecoration to remove. No scheme publishes guidance on vaping specifically, so the general rules apply. Your tenant must return the home as clean as at the start, and TDS says fair wear and tear isn’t relevant to cleaning claims, so a film on glass and walls that cleans off is a cleaning claim. If walls need repainting, it becomes a redecoration claim, reduced for the paint’s age. Whether vaping broke a no-smoking clause depends on its wording, but the claim rests on the loss, not the breach. Record the residue in the check-out report with close-up photos.
SourcesTDS: How TDS approaches disputes involving cleaningTDS: How TDS approaches disputes involving redecorationmydeposits: Deposit dispute case study, smoking and redecoration
Can I claim for bad smells left in the property?
Yes, if the smell wasn’t there at check-in and your tenant caused it. TDS’s inventory guide says odours must be removed before check-out, naming food and cooking, smoking, sewage, damp and pet smells, and that photos can’t show them, so the check-out report must note each smell and where it is. Ideally the check-in states the home was free from odour. In mydeposits cases, landlords recovered specialist cleaning to remove pet smells, reduced where the starting standard was lower. Be careful with damp or drain smells: if the cause is a defect in the building that you’re responsible for, it isn’t the tenant’s cost.
SourcesTDS: Inventories, check-in and check-out reportsmydeposits: Adjudication case study, pets, replacement carpet and cleaningmydeposits: Resolution case study, pet damage, odourGOV.UK: Understanding and addressing the health risks of damp and mould in the home
Under the Renters’ Rights Act, can I still deduct pet damage from the deposit?
Yes. GOV.UK’s guide for landlords on the rules from 1 May 2026 says you can keep money from the deposit to cover repairs caused by pet damage. The usual tests apply: the damage must go beyond fair wear and tear, be shown against the check-in report, and be claimed at a reasonable cost that allows for each item’s age. mydeposits says a permitted pet is likely to cause more wear than otherwise expected, and that adjudicators judge whether deterioration is reasonable for the household, including any pets. If you or your tenant claim the same damage on insurance, you can’t also deduct it from the deposit; GOV.UK warns that may be fraud.
SourcesGOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themGOV.UK: Guide to the Renters’ Rights Actmydeposits: A guide on the life expectancy of rental property productsmydeposits: Fair wear and tear, what is it and how is it applied?
Can I make my tenant take out pet insurance under the Renters’ Rights Act?
No. Section 1 of the Tenant Fees Act 2019 bans requiring a tenant to take out a contract of insurance with a third party, including as a condition of varying the tenancy, and GOV.UK’s fees guidance says requiring insurance is a prohibited payment. The pet rules the Renters’ Rights Act 2025 added from 1 May 2026 let you refuse a pet only with a fair reason and contain no power to require insurance. Your tenant can choose to buy cover, and you can insure yourself at your own cost. Your main protection is the deposit within the cap, which GOV.UK says you can use for repairs caused by pet damage.
SourcesTenant Fees Act 2019, section 1GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renters’ Rights Act 2025, section 11 (inserting sections 16A and 16B of the Housing Act 1988)GOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themmydeposits: Pet rent and pet deposits UK, rules for landlords and tenants
Can I take a bigger deposit because my tenant has a pet?
In England, only up to the cap. Under the Tenant Fees Act 2019, every sum held as security for the tenant’s obligations is part of the tenancy deposit, capped at five weeks’ rent, or six if the annual rent is £50,000 or more, and anything above that is a prohibited payment. So if your usual deposit is below the cap, a higher one within it is allowed; above it isn’t, whatever the reason. Protect the full amount within 30 days. In Wales there’s no deposit cap at present, and the Welsh Government’s guidance says asking for a higher deposit when a tenant has pets is permissible, though you can’t charge a fee for amending the contract.
SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agentsmydeposits: Pet rent and pet deposits UK, rules for landlords and tenants
Can I charge pet rent instead of a pet deposit?
Not as a separate pet charge. In England, the Tenant Fees Act 2019 bans any payment that isn’t on its permitted list, and mydeposits warns that charging extra purely because a tenant has a pet may be treated as a prohibited payment. Rent itself is controlled too: since 1 May 2026, once you advertise an asking rent you can’t ask for or accept more, and during a tenancy the rent can only go up through the section 13 process, once a year with two months’ notice. A pet doesn’t create another route. Your protection for pet damage is the deposit within the cap, which GOV.UK says you can use for repairs.
SourcesTenant Fees Act 2019, section 1Tenant Fees Act 2019, Schedule 1 (permitted payments)mydeposits: Pet rent and pet deposits UK, rules for landlords and tenantsGOV.UK: Assured periodic tenancies, a guide for landlords (printable version, including rental bidding)GOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with them
My tenant kept a pet without permission. Can I deduct from the deposit?
Yes, for the loss the pet caused, not for the breach itself. GOV.UK says a tenant who keeps a pet without permission may be breaking the tenancy agreement, but a deduction still needs evidence of damage or cleaning beyond the check-in standard. In one mydeposits case a tenant said they were only dog sitting; mid-term inspection notes, a contractor’s email mentioning the dog and a check-out report recording hair, smell and stained carpets led to £290 towards cleaning and replacing the carpet, after allowing for its age, plus 75% of a £175 cleaning invoice. Inspection notes and contractors’ comments can show the pet was there.
SourcesGOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themmydeposits: Adjudication case study, pets, replacement carpet and cleaningA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)
Can I charge my tenant for flea treatment after their cat or dog moves out?
Yes, if you can show the home had fleas after your tenant’s pet left and didn’t before. No scheme publishes guidance on fleas specifically, but mydeposits’ pest cases show the approach: in one, a £264 bed bug treatment was awarded in full because the check-in showed no infestation and a specialist’s report said it began during the tenancy. A guess isn’t enough: TDS’s example of a badly presented claim includes a landlord saying there were ’probably fleas in the carpet’. Get a pest controller’s written report confirming fleas, and keep the invoice. A clause requiring professional treatment regardless of evidence may breach the Tenant Fees Act’s ban on requiring third-party services.
Sourcesmydeposits: Resolution case study, pest infestation and replacement itemsTDS: How to present your case to a TDS adjudicatorTenant Fees Act 2019, section 1
Can I charge my tenant for dog scratches on doors and chewed skirting boards?
Yes, as damage beyond fair wear and tear: mydeposits says damage caused by pets that goes beyond normal wear is the tenant’s responsibility, even where you allowed the pet, though light scuffs in a home with a pet may count as normal wear. Expect the claim to be measured as a repair, not a replacement at full cost. The joint guide says replacement is justified only where an item is beyond economic repair or unusable; otherwise repair, or compensation for lost value, is more likely. For chewed skirting, a joiner’s quote to replace the damaged length, then fill and paint, fits that approach. Allow for the paintwork’s age, and record doors and skirting at check-in.
Sourcesmydeposits: Fair wear and tear, what is it and how is it applied?mydeposits: A guide on the life expectancy of rental property productsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How TDS approaches disputes involving damage and missing items
Can I require pet insurance instead of taking a bigger deposit?
Neither, in England. You can’t require pet insurance, because section 1 of the Tenant Fees Act 2019 bans requiring a tenant to take out insurance with a third party, and you can’t take a deposit above the cap of five weeks’ rent (six if the annual rent is £50,000 or more), whatever the reason. When you consent to a pet, your protection is the deposit you hold within the cap, which GOV.UK says can cover pet damage, plus a thorough check-in record. Your tenant may choose to buy cover themselves. In Wales, where there’s no deposit cap at present, the Welsh Government’s guidance says a higher deposit for pets is permissible.
SourcesTenant Fees Act 2019, section 1Tenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)GOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a pet to live with themWelsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agents
Can I charge an extra pet deposit on top of the five-week cap?
No, not in England. Under paragraph 2 of Schedule 1 to the Tenant Fees Act 2019, a tenancy deposit is any money held as security for the tenant’s obligations, so a pet deposit counts towards the same cap: five weeks’ rent, or six if the annual rent is £50,000 or more. Any amount above the cap is a prohibited payment, and the council can fine you up to £5,000 for a first breach. The Renters’ Rights Act 2025 didn’t add a separate pet deposit. If your deposit is below the cap, you can agree a top-up within it, protected within 30 days. Wales has no deposit cap at present.
SourcesTenant Fees Act 2019, Schedule 1 (permitted payments)GOV.UK: Fees you can charge as part of a tenancy (updated 7 July 2026)Renters’ Rights Act 2025, section 11 (inserting sections 16A and 16B of the Housing Act 1988)Welsh Government: Renting Homes (Fees etc.) (Wales) Act 2019, guidance for landlords and agents
These answers were checked against the official sources under each one on 14 October 2026. Schemes change their rules from time to time, and the date on your scheme’s notification is the one that counts. TenancyVaults prepares evidence; this isn’t legal advice, and only the scheme’s adjudicator or a court decides a dispute.
Ready when you are
Start with one property.
Add the rest when you’re ready. Everything you record stays with its tenancy.
Already in a dispute?
You don’t need the Locker. Turn the evidence you have into a pack you can review and submit.
Build a dispute pack