For renters

Can a landlord take money from my deposit for wear and tear?

Guide · about 12 min read · Covers the law in England as at October 2026 · Reviewed on 23 October 2026

Normally, no. Fair wear and tear is the gradual decline that comes from living in a home and from time passing, and in England it is not usually something a tenant pays for out of the deposit. Guidance published by government-approved deposit schemes says a deduction should be for loss the tenant caused beyond fair wear and tear, such as damage or a home left less clean than at the start, and should not leave the landlord better off than when the tenancy began. If you disagree with a deduction, you do not have to accept it. Where your deposit was protected in an approved scheme, that scheme offers a free dispute resolution service, whether the scheme holds the money itself or the landlord holds it under an insured scheme.

This guide covers England only. Wales, Scotland and Northern Ireland have their own deposit rules. It is general information, not legal advice.

What counts as fair wear and tear?

There is no fixed list in legislation. The Deposit Protection Service (DPS), one of the three government-approved schemes in England, quotes a House of Lords definition: “reasonable use of the premises by the tenant and the ordinary operation of natural forces”. The DPS also says that because what is reasonable is open to interpretation, strict guidance on accounting for fair wear and tear is not available.

Instead, the DPS lists factors that its adjudicators are likely to consider. The first is the length of the tenancy, because a longer tenancy means more natural wear. The second is the number and age of the people living there, because the DPS says more occupants means more everyday wear to allow for. The third is the lifespan, quality and condition of each item, and the DPS says it is not reasonable to fault a tenant for normal-use damage to lower-budget or older items.

The mydeposits guide to fair wear and tear takes the same approach. It describes fair wear and tear as deterioration from age and normal use, with examples such as faded paint, worn carpets and loose door handles. In its summary, mydeposits says the principle is implied into every tenancy agreement, even where the agreement does not mention it.

The phrase also appears in the law. In the Housing Act 2004, Schedule 10, paragraph 4A, which covers a custodial scheme where the tenant cannot be reached or does not reply, a landlord's claim must relate to unpaid rent or other sums due, or to damage “other than damage caused by fair wear and tear”.

What is the difference between wear and tear and damage?

The schemes draw the line between things worn out by ordinary use and things broken or marked through carelessness, accident or misuse. The DPS puts it as items worn out through natural use, compared with items that have been negligently broken or marred. Its examples are that light marks on a carpet may have to be accepted as normal wear, while nail varnish spills on the floor, or iron burns caused by negligence, could leave the tenant liable for the repair. The mydeposits guidance on wear and tear and damage gives similar examples for carpets and walls.

The table below brings those published examples together. They are examples from scheme guidance, not rules of law, and every case turns on its own facts, including what the check-in inventory recorded.

Item	Usually treated as wear and tear	Usually treated as damage	Where the example comes from
Carpets	Wear from foot traffic (mydeposits), light marks (DPS)	Stains, burns (mydeposits)	DPS and mydeposits
Floors and other surfaces	Not given as an example	Nail varnish spills on the floor, iron burns caused by negligence	DPS
Walls	Minor scuff marks	Large holes, alterations made without approval	mydeposits
Paint and fittings	Faded paint, loose door handles	Not given as an example; depends on how it happened	mydeposits
Cleaning	Does not apply: wear and tear is about condition, not cleanliness	Not damage as such, but a home left less clean than at check-in can be a separate deduction	mydeposits

If something was already worn, chipped or marked when you moved in, the check-in inventory is where that should show up. A problem that existed at the start is not damage from your tenancy. Repairs that are the landlord's job in the first place are covered in landlord repair responsibilities in England.

Can a landlord charge me for a brand new carpet or a full repaint?

Not the full cost of an upgrade, according to scheme guidance. The DPS says a claim should not be used as an opportunity to make upgrades at the tenant's cost, and calls this betterment. Its examples of betterment include the full cost of a replacement carpet when the tenant lived there for several years or the carpet was already a few years old at the start, a contribution towards a prestige brand when the original was a modest one, and full professional cleaning where there were cleaning defects at the start. mydeposits gives the example of replacing a five year old carpet with a new one and claiming the full amount from the tenant.

Where there is real damage, the DPS says adjudicators may consider replacement, repair or cleaning, or compensation where an item's value has been reduced or its lifespan shortened. In practice that often means a contribution rather than the price of a new item. The DPS publishes an example apportionment method that starts from the cost of a similar replacement, the item's age, its average useful lifespan and the life it had left. The DPS also says its adjudicators must reach a decision that is reasonable on the evidence in each dispute, so that method may not always be applied. Either way, the age, quality and receipts for an item tend to matter a great deal.

Does fair wear and tear cover cleaning?

No. The mydeposits guidance says fair wear and tear applies only to the condition of a property, not to the standard of cleaning. The home is expected to be left as clean as it was at the start, whether the tenancy lasted one year or six. mydeposits also says that claiming for a professional clean when the property was only domestically clean at the start would amount to betterment. The check-in inventory and photos are the usual evidence of that starting standard, though they are evidence rather than the final word. A home recorded as professionally cleaned at the start is expected back at the same level of cleanliness, not necessarily cleaned by a professional. The DPS says a landlord cannot insist that a tenant hires professional cleaners, because the tenant may well be able to reach the required standard themselves.

A separate end-of-tenancy cleaning fee is not on the list of payments a landlord is allowed to charge in the GOV.UK guidance for tenants on the Tenant Fees Act 2019. That rule is about a compulsory fee. It does not stop a landlord seeking the reasonable cost of putting right a home left less clean than at the start, and in practice that is usually raised as a proposed deduction from the deposit. Our guide on whether a landlord can charge you for referencing walks through the permitted payments.

How long does a landlord have to return my deposit?

GOV.UK says your landlord must return your deposit within 10 days of you both agreeing how much you will get back. For a custodial scheme, where the scheme itself holds the money, Schedule 10, paragraph 4, of the Housing Act 2004 requires the scheme to pay out within 10 days of being told that both sides have agreed. The same paragraph sets a 10 day period after the scheme is told of a final court decision or a binding adjudicator's decision. While you and the landlord disagree, GOV.UK says the deposit stays protected in the scheme until the issue is sorted out.

The clock runs from agreement, not from the day you hand back the keys. Nothing in these rules requires you to accept a proposed deduction. Asking for an itemised list in writing, with the reason and the cost for each item, gives you something specific to agree with or dispute.

What can I do if I disagree with a deduction?

Start in writing. Say which deductions you accept, which you dispute and why, and ask for the receipts, quotes or photographs behind each charge.

Keep an eye on the clock while you do. In its guidance on deposit disputes, GOV.UK warns that there may be a limit on the time you have to raise a dispute, and any limit depends on the scheme. Check your scheme's rules as soon as a disagreement starts, rather than after weeks of back and forth.

If talking does not settle it, the scheme can help. Under section 212 of the Housing Act 2004, a tenancy deposit scheme exists to safeguard deposits and to help resolve disputes about them. Schedule 10, paragraph 10, requires every scheme to provide a way of resolving deposit disputes without going to court. The same paragraph says a scheme must not make using it compulsory.

GOV.UK describes the dispute resolution service as free. GOV.UK also says you do not have to use it, but if you do, both you and the landlord have to agree to it. Both sides are asked to provide evidence, and GOV.UK says the decision made about the deposit is final. The landlord must give you the prescribed information within 30 days of receiving the deposit, under section 213 of the Housing Act 2004. GOV.UK says that information includes the name and contact details of the scheme and its dispute resolution service. Shelter and Citizens Advice give free advice if you are unsure. mydeposits explains in its guide to the deposit dispute process that the deposit remains the tenant's property until the landlord can show otherwise, which puts the responsibility on the landlord to prove a right to any of it. The evidence side of a dispute is covered in more depth in what evidence you need for a tenancy deposit dispute.

What should I do at check-out to protect my deposit?

The DPS says check-in and check-out reports are used to compare the condition of the property at the start and end of the tenancy, and that where possible they should be signed by everyone. A few steps make that comparison easier:

Attend the check-out inspection if you can, so you can point out anything that was already on the check-in inventory.
Take your own dated photos and video, room by room, including close-ups of anything the landlord may query.
Go through the check-in inventory line by line and note anything that was recorded as worn or marked at the start.
Clean to the standard the home was in when you moved in, using the check-in inventory and photos as your guide. If you think the inventory overstated that standard, say so in writing.
Return every key and ask for written confirmation that they were received.
Keep your emails about repairs you reported during the tenancy. A record that you reported a fault when it appeared can help show when and how a problem started.

Give the landlord or agent an email address where you can be reached after you move. Under Schedule 10, paragraph 4A, a landlord can apply to a custodial scheme for payment without the tenant's agreement in limited circumstances. They include where at least 14 days have passed since the tenancy ended, there is no agreement, and the tenant either cannot be contacted or has not replied within 14 days to a written notice received after the tenancy ended. The application has to follow a set procedure, including a statutory declaration from the landlord. Staying reachable keeps you in the conversation.

What if my deposit was never protected?

GOV.UK says your landlord must put your deposit in a government-approved scheme if you rent on an assured periodic tenancy, which is how most private tenancies in England have worked since 1 May 2026. A small number of older tenancies that were assured, but not assured shorthold, before that date are subject to transitional rules, so check the GOV.UK guidance or get advice if yours began that way. For deposits the rules cover, a landlord who receives the deposit has 30 days to comply with an approved scheme's initial requirements, under section 213 of the Housing Act 2004. If that did not happen, section 214 lets you apply to the county court, even after the tenancy has ended. Where the court finds the rules were not met, it must order the landlord to pay you between one and three times the deposit, and it can order the deposit repaid. Section 215 also limits when a court can make a possession order while a deposit is not properly protected, with some exceptions. GOV.UK suggests writing to your landlord before going to court, and our guide on how deposit protection works in England covers the full set of rules.

Does a lettings platform decide deposit deductions?

No. VEYLO X is a software platform for renting and letting in England. On VEYLO X, the landlord writes the tenancy record, VEYLO X keeps it, and the renter sees the same record rather than a separate copy.

To be clear about its limits: VEYLO X does not hold or protect deposits, does not decide what counts as wear and tear, takes no part in any dispute, and does not decide any deduction. Those questions stay with you, the landlord, the approved scheme and, if it comes to it, the scheme's adjudicator or a court.

Common questions

The short answers, in one place.

Can a landlord deduct money from my deposit for fair wear and tear in England?

Normally no. Fair wear and tear is the gradual decline that comes from ordinary living and from time passing. Government-approved deposit schemes in England say a deduction should cover loss the tenant caused beyond fair wear and tear, such as damage or a property left less clean than at the start, and should not leave the landlord better off. If you disagree with a proposed deduction, you do not have to accept it. Where the deposit was protected in an approved scheme, that scheme offers a free dispute resolution service.

Can my landlord charge me the full cost of a new carpet?

Deposit scheme guidance treats that as betterment where the carpet was already worn or several years old. The Deposit Protection Service gives the full cost of a replacement carpet after a tenancy of several years, or for a carpet that was already a few years old at the start, as an example of a claim that upgrades the property at the tenant's cost. Where there is damage beyond fair wear and tear, adjudicators may look at a contribution that reflects the item's age and remaining life rather than the full price of a new one.

Does fair wear and tear apply to cleaning?

No. mydeposits guidance says fair wear and tear applies to the condition of a property and its contents, not to how clean it is. The home is expected to be returned as clean as it was at the start of the tenancy, whether the tenancy lasted one year or six. Charging for a professional clean when the home was only domestically clean at check-in is given by mydeposits as an example of betterment.

How long does a landlord have to return my deposit in England?

GOV.UK says your landlord must return your deposit within 10 days of you both agreeing how much you will get back. Where the deposit is held in a custodial scheme, the Housing Act 2004 requires the scheme to pay out within 10 days of being told that both sides have agreed, or of a final court decision or binding adjudicator's decision. While there is a dispute, the deposit stays protected in the scheme until it is resolved.

Sources

The primary sources behind this guide. Where the law and a summary disagree, the law is what counts.

This article is general information, not legal advice. It covers England only and reflects the position as at October 2026. The fair wear and tear examples come from guidance published by government-approved deposit schemes and are not rules of law; every case turns on its own facts. For the current rules, see the GOV.UK tenancy deposit protection pages, and consider free advice from Shelter or Citizens Advice for your own situation.

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