# What can I deduct from a tenancy deposit?

Source: https://tenancyvaults.co.uk/faqs/what-can-i-deduct-from-a-tenancy-deposit
By TenancyVaults (Run by a landlord in England) · Last checked 19 October 2026

## The short answer

What your tenant owes under the tenancy, backed by evidence. That covers unpaid rent, cleaning, damage beyond fair wear and tear, missing items, gardening and bills they were liable for. You can’t deduct for fair wear and tear, a check-out or admin fee, or more than your actual loss.

### Key points

- In law, a tenancy deposit is security for the tenant’s obligations under the tenancy (Housing Act 2004, section 212), so each deduction needs a breach or a debt behind it.
- The most common DPS deposit claims in 2025 were cleaning (about 29%), damage (18%), rent arrears (16%) and redecoration (11%).
- An old item is claimed as a share of its cost. In the schemes’ joint example, a £500 item two years into a five-year life gives a £300 deduction.
- In England, the Tenant Fees Act 2019 permits damages for a breach of the tenancy agreement, but not check-out, admin or professional cleaning fees.
- At TDS, without a clause saying what the deposit can be used for, an adjudicator is unlikely to award anything to the landlord.
- An adjudicator can award no more than the deposit. Anything owed above it has to be claimed separately, through the county court.

## What can a landlord deduct from a tenancy deposit?

Anything your tenant owes you under the tenancy, if you can show it. In law, a tenancy deposit is security for the tenant’s obligations, or any liability of theirs, under or in connection with the tenancy ([Housing Act 2004, section 212](https://www.legislation.gov.uk/ukpga/2004/34/section/212)).

In practice, TDS lists cleaning, damage, redecoration, missing items, gardening, rent arrears and unpaid utilities as reasonable deductions ([TDS](https://custodial.tenancydepositscheme.com/news/blog/asktds-what-can-i-use-my-tenants-deposit-for/)). DPS lists rent arrears, cleaning and rubbish removal, repairs and redecoration, missing or damaged goods, and garden maintenance ([DPS](https://www.depositprotection.com/claims-and-disputes/what-makes-a-reasonable-deposit-claim)).

In England, the Tenant Fees Act 2019 permits a payment of damages for a breach of the tenancy agreement ([Schedule 1, paragraph 5](https://www.legislation.gov.uk/ukpga/2019/4/schedule/1)). The three schemes’ joint guide confirms that landlords can still recover those damages through the deposit ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).

## What are the most common deductions?

At DPS, cleaning was the reason for **29.4%** of deposit claims in 2025. Damage was **18.4%**, rent arrears **16.5%** and redecoration **10.9%** ([DPS](https://www.depositprotection.com/news-insights/cleaning-main-cause-of-tenancy-deposit-deductions-for-a-fifth-year-running/)). Each has its own rule:

- **Rent arrears.** Unpaid rent up to the end of the tenancy, shown on a full rent account statement. The detail is in [claiming unpaid rent from the deposit](https://tenancyvaults.co.uk/faqs/can-i-claim-unpaid-rent-from-the-deposit).
- **Cleaning.** The cost of getting the home back to the cleanliness recorded at check-in, and no further. See [charging for cleaning](https://tenancyvaults.co.uk/faqs/can-i-charge-the-tenant-for-cleaning).
- **Damage.** Breakages, burns, stains and holes beyond fair wear and tear, reduced for the item’s age. The [guide to fair wear and tear](https://tenancyvaults.co.uk/guides/fair-wear-and-tear-landlords) sets out the difference.
- **Redecoration.** A share of the cost where marks go beyond normal use. The post on [redecorating](https://tenancyvaults.co.uk/blog/charging-tenant-for-redecorating) has worked examples.
- **Gardening.** Unless you employ a gardener, tenants are normally responsible for keeping the garden, but not for seasonal changes ([TDS](https://custodial.tenancydepositscheme.com/public/support/1tds-guide-to-inventories-check-in-and-check-out-reports-v11.pdf)).
- **Rubbish.** Removing rubbish or belongings the tenant left behind ([DPS](https://www.depositprotection.com/claims-and-disputes/what-makes-a-reasonable-deposit-claim)).
- **Lost keys.** The reasonable, evidenced cost of replacing a key or security device, where the tenancy agreement provides for it ([Tenant Fees Act 2019, Schedule 1, paragraph 4](https://www.legislation.gov.uk/ukpga/2019/4/schedule/1)).
- **Pests.** Treatment, where the evidence shows the tenant was responsible. See [charging for pest control](https://tenancyvaults.co.uk/faqs/can-i-charge-for-pest-control).

## What can’t I deduct from a deposit?

Six things fall outside a deposit deduction.

1. **Fair wear and tear.** Deterioration from reasonable use over the tenancy isn’t the tenant’s fault, and a landlord must allow for it ([TDS](https://custodial.tenancydepositscheme.com/public/support/1tds-guide-to-inventories-check-in-and-check-out-reports-v11.pdf)).
2. **Betterment.** You can’t end up better off than at the start, so a deposit isn’t “new for old” ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).
3. **Fees.** A check-out, admin or professional cleaning fee isn’t a permitted payment in England ([GOV.UK](https://www.gov.uk/guidance/fees-you-can-charge-as-part-of-a-tenancy)). Nor can you require your tenant to pay a third party for a service ([Tenant Fees Act 2019, section 1](https://www.legislation.gov.uk/ukpga/2019/4/section/1)).
4. **Utility bills in the tenant’s name.** The debt is owed to the supplier, so an award to the landlord is unlikely ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).
5. **Your own repair obligations.** The landlord is always liable for the structure, maintenance and repair of the property under statute ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).
6. **The cost of preparing the dispute.** Each side pays its own costs of gathering evidence ([mydeposits](https://www.mydeposits.co.uk/content-hub/rules-of-claiming-for-deposit-deductions/)).

## How much can I deduct for an old or damaged item?

A share of the cost, not the full price of a new one. The joint guide’s example is a **£500** item, **2** years old, with a useful life of **5** years. It had 3 years left, at £100 a year, so the deduction is **£300** ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).

Replacement is justified only where an item is beyond economic repair or unusable. Otherwise the award is for repair, cleaning or the value lost ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)). Without evidence of an item’s quality, a TDS adjudicator is likely to assume a medium-quality replacement ([TDS](https://custodial.tenancydepositscheme.com/public/support/1tds-guide-to-inventories-check-in-and-check-out-reports-v11.pdf)).

The [deposit deduction calculator](https://tenancyvaults.co.uk/deposit-deduction-calculator) works out the share using each scheme’s lifespans. The post on [reducing a deduction for age](https://tenancyvaults.co.uk/blog/apportioning-deposit-deductions) shows the sums.

## What do I need before I deduct anything?

Check these five things before you write to your tenant.

1. A tenancy agreement with a deposit use clause. TDS says that without one, an adjudicator is unlikely to award the landlord anything ([TDS](https://custodial.tenancydepositscheme.com/news/blog/asktds-what-can-i-use-my-tenants-deposit-for/)).
2. A signed tenancy agreement for the evidence. Without it, a claim is almost certain to be rejected ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).
3. Check-in and check-out reports that can be compared, item by item.
4. An invoice, receipt, quote or estimate for each cost. The work doesn’t have to be done before you claim ([joint guide](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)).
5. An itemised list of deductions, sent to your tenant in writing promptly after the tenancy ends ([TDS](https://custodial.tenancydepositscheme.com/public/support/1how-to-present-your-case-to-a-tds-adjudicator.pdf)).

A tenant who doesn’t reply hasn’t agreed. TDS’s rules say a landlord must not take a tenant’s silence as agreement ([TDS](https://custodial.tenancydepositscheme.com/public/support/1how-to-present-your-case-to-a-tds-adjudicator.pdf)).

## When does the deposit have to be returned?

Once you and your tenant agree the amount, the deposit must be returned within 10 days ([GOV.UK](https://www.gov.uk/deposit-protection-schemes-and-landlords)). If you can’t agree, the deposit stays protected until the dispute is settled.

If you both use the scheme’s free dispute service, each side gets a short window to send evidence. For a custodial deposit, TDS allows 5 working days, DPS 14 calendar days and mydeposits 5 working days. The [evidence deadline calculator](https://tenancyvaults.co.uk/deadline-calculator) works out your date.

An adjudicator can award no more than the deposit ([TDS](https://custodial.tenancydepositscheme.com/public/support/1how-to-present-your-case-to-a-tds-adjudicator.pdf)). A larger debt has to go to the county court.

## Is it different in Wales?

The schemes and their approach to evidence are the same, but the law differs. In Wales, deposits for occupation contracts fall under the [Renting Homes (Wales) Act 2016](https://www.legislation.gov.uk/anaw/2016/1/section/45), and the Tenant Fees Act 2019 doesn’t apply. The payments a Welsh landlord can require are listed in the [Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 1](https://www.legislation.gov.uk/anaw/2019/2/schedule/1), which includes a security deposit.

## Where next?

List each deduction with its amount, the clause it relies on and the evidence behind it. The [deposit deduction calculator](https://tenancyvaults.co.uk/deposit-deduction-calculator) reduces damaged items for age, and the guide to [disputing a deposit deduction](https://tenancyvaults.co.uk/guides/landlord-deposit-dispute) covers the process from check-out to decision. If your tenant disputes the amount, a [deposit dispute pack](https://tenancyvaults.co.uk/dispute-packs) sets out each deduction with its evidence, in your scheme’s order.

## Common questions

### Can I deduct a check-out fee or an admin fee?

Not in England. The Tenant Fees Act 2019 limits landlords to the payments listed in its Schedule 1, and check-out and admin fees aren’t among them. The schemes’ joint guide says that from that date agents can only include default fees permitted by the Act.

### Do I have to do the work before I deduct for it?

No. The joint guide says a landlord doesn’t need to have done the work to make a claim. A quote or estimate shows what it will cost, though an invoice for work done usually carries more weight.

### Can I deduct unpaid utility bills?

Only bills you were liable for under the tenancy. If the bill is in the tenant’s name, the debt is owed to the supplier, and the joint guide says an award to the landlord is unlikely. If utilities were included in the rent, unpaid amounts are usually treated as rent arrears.

### Can I deduct more than the deposit?

Not through the scheme. An adjudicator can award no more than the deposit or the disputed amount. Anything above it has to be claimed separately, through the county court.

### Can I keep the deposit as a penalty for a breach?

No. A deduction compensates a loss you can show. TDS’s guidance says the deposit is the tenant’s money and should only be kept if you have suffered financial loss.

## Sources

The facts on this page come from these official sources, checked on 19 October 2026.

1. [Housing Act 2004, section 212](https://www.legislation.gov.uk/ukpga/2004/34/section/212)
2. [Tenant Fees Act 2019, section 1](https://www.legislation.gov.uk/ukpga/2019/4/section/1)
3. [Tenant Fees Act 2019, Schedule 1](https://www.legislation.gov.uk/ukpga/2019/4/schedule/1)
4. [GOV.UK: Fees you can charge as part of a tenancy (July 2026)](https://www.gov.uk/guidance/fees-you-can-charge-as-part-of-a-tenancy)
5. [GOV.UK: Deposit protection schemes and landlords](https://www.gov.uk/deposit-protection-schemes-and-landlords)
6. [Tenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)](https://www.mydeposits.co.uk/wp-content/uploads/2021/04/Deposits-disputes-and-damages-3008.pdf)
7. [TDS: #AskTDS, What can I use my tenant’s deposit for? (2019)](https://custodial.tenancydepositscheme.com/news/blog/asktds-what-can-i-use-my-tenants-deposit-for/)
8. [TDS: How to present your case to a TDS adjudicator](https://custodial.tenancydepositscheme.com/public/support/1how-to-present-your-case-to-a-tds-adjudicator.pdf)
9. [TDS: Inventories, check-in and check-out reports (effective 1 April 2019)](https://custodial.tenancydepositscheme.com/public/support/1tds-guide-to-inventories-check-in-and-check-out-reports-v11.pdf)
10. [DPS: Cleaning the main cause of deposit deductions (June 2026)](https://www.depositprotection.com/news-insights/cleaning-main-cause-of-tenancy-deposit-deductions-for-a-fifth-year-running/)
11. [DPS: What makes a reasonable deposit claim?](https://www.depositprotection.com/claims-and-disputes/what-makes-a-reasonable-deposit-claim)
12. [mydeposits: Rules of claiming for deposit deductions](https://www.mydeposits.co.uk/content-hub/rules-of-claiming-for-deposit-deductions/)
13. [Renting Homes (Wales) Act 2016, section 45 (deposit schemes)](https://www.legislation.gov.uk/anaw/2016/1/section/45)
14. [Renting Homes (Fees etc.) (Wales) Act 2019, Schedule 1](https://www.legislation.gov.uk/anaw/2019/2/schedule/1)
