The Law on Deposit Protection
If you paid a deposit at the start of your tenancy, your landlord has a legal duty to protect it in a government-approved Tenancy Deposit Protection (TDP) scheme within 30 days of receiving it. They must also give you written information about which scheme holds it.
If your landlord has not done this, they face significant penalties — and it can affect their ability to serve a valid eviction notice.
How Much Can Be Taken as a Deposit?
The deposit cap under the Tenant Fees Act 2019 (which still applies) limits deposits to five weeks’ rent (or six weeks if your annual rent exceeds £50,000). Any deposit taken above this amount was unlawfully charged and should be refunded.
What Can a Landlord Deduct?
At the end of your tenancy, your landlord can only make deductions from your deposit for:
- Unpaid rent at the end of the tenancy
- Damage to the property beyond fair wear and tear
- Cleaning — but only if the property is in a worse condition than at the start
- Missing items listed in the check-in inventory
Landlords cannot deduct for fair wear and tear — the normal deterioration that comes from reasonable use of a property over time. They also cannot charge you for pre-existing damage that was present before your tenancy began.
The Most Important Things You Can Do
Take photographs at check-in and check-out. Timestamped photos of every room are your strongest evidence in any dispute.
Sign and keep the inventory. Make sure any pre-existing damage is noted on the check-in inventory before you sign.
Confirm your deposit is protected. You can check this free on the websites of the three approved schemes: DPS, MyDeposits, and TDS.
If You Disagree With Deductions
All three deposit protection schemes offer a free adjudication service to resolve disputes. An independent adjudicator reviews the evidence from both sides and makes a binding decision. You do not need a lawyer and there is no cost to you as the tenant.
Our members-only guide takes you through the full dispute process — how to document your case, what to submit, and how to challenge specific types of unfair deduction. We also have a ready-to-use Deposit Return Demand Letter for members.
Want the full step-by-step guidance?
Our members-only guide “Deposit Disputes Recovery Guide” takes you through exactly what to do, letter by letter, step by step. It includes the specific timescales, the forms you need, and how to build your case.
Members also get access to ready-to-use letter templates, priority support from our housing specialists, and — for urgent eviction cases — same-day response.
This is a free awareness guide produced by Renters Rights Act Services. It explains the law in general terms only and does not constitute legal advice. For detailed, actionable guidance specific to your situation, become a member at rentersrightsactservices.co.uk/claude/. We are not a law firm.