Can a landlord keep my deposit for damage?
Short answer
A landlord can make deductions from your deposit for damage beyond fair wear and tear, unpaid rent, or cleaning costs — but cannot charge for normal deterioration due to ordinary use.
At the end of a tenancy, a landlord is permitted to deduct money from a tenancy deposit for specific legitimate reasons: damage to the property beyond fair wear and tear, unpaid rent or bills the tenant is responsible for, missing or broken items from an inventory, and professional cleaning costs if the property is returned in a dirtier state than at the start. However, the landlord cannot charge for fair wear and tear — that is, the reasonable deterioration of a property and its contents through ordinary use over time. For example, minor scuffs on walls, carpet flattening from normal use, and fading of curtains would typically be considered fair wear and tear and cannot be charged to the tenant. Landlords must raise any proposed deductions within ten days of the tenancy ending in a custodial scheme or, in an insured scheme, follow the scheme's timescales. If you dispute the deductions, you can use the free Alternative Dispute Resolution (ADR) service provided by your deposit protection scheme. The adjudicator will review the evidence — including the check-in and check-out inventory reports, photographs, and receipts — and make a binding decision. It is therefore important to complete a thorough inventory with photographs at both the start and end of the tenancy.
In-depth guide
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