Deposit Deductions for Repairs: What England Renters Should Know
Getting your deposit back is a crucial part of ending any tenancy in England. Knowing your rights can help ensure you only pay for what you’re responsible for — and challenge any unfair charges. This guide explains exactly what repairs landlords can (and cannot) deduct from your deposit, using plain English and up-to-date official sources.
Understanding Your Deposit and Legal Rights
Most private renters in England pay a tenancy deposit at the start of their agreement. Landlords can only make deductions from this deposit for legally allowed reasons. The most important rules are set out in the Housing Act 2004, which also requires that your deposit is protected by a government-approved scheme.
When Can a Landlord Deduct for Repairs?
In England, landlords can only deduct for the following:
- Damage to the property beyond normal wear and tear (for example, broken windows, burns in carpets, or holes in walls)
- Missing, broken, or damaged furniture or fittings supplied with the property
- Cleaning costs if the property is left dirtier than when you moved in
- Unpaid rent or bills (not repairs, but commonly deducted from the deposit)
They cannot deduct for reasonable 'wear and tear'—the gradual decline in condition from normal use. For example, faded paint or gently worn carpet is not grounds for deduction.
What Counts as ‘Repair’ Deductible from Your Deposit?
Landlords may use the deposit to cover repairs that restore the property to its original condition at the start of your tenancy, excluding fair wear and tear. Typical examples include:
- Repairing holes left by unfilled wall fixings (e.g., from shelving)
- Replacing doors or windows damaged by negligence or accident
- Repairing appliances supplied by the landlord that were broken through misuse
Documentation like the inventory and check-in/check-out reports are vital for both sides. These can prove the property’s condition at both the start and end of your tenancy.
What Can’t Be Deducted for Repairs?
Landlords cannot deduct from your deposit for:
- Problems they are legally required to repair, like damp, structural faults, or faulty boilers (see GOV.UK repairs guidance)
- Fixing issues caused by their own failure to maintain the property, such as leaks or mould
- General wear and tear from ordinary use
How to Dispute Unfair Deposit Deductions
If you disagree with a landlord’s deductions for repairs:
- Contact the landlord or agent first to challenge the deduction in writing
- Gather evidence (photos, check-in/check-out inventory, correspondence)
- If unresolved, contact your tenancy deposit scheme’s dispute service for free adjudication
All deposit protection schemes in England must offer dispute resolution. You do not have to accept deductions you believe are unfair.
Relevant Official Forms and How to Use Them
- Deposit Dispute Submission (No standard government form): All three government-approved deposit schemes offer their own online dispute submission forms. For example, use the DPS "Raise a Dispute" portal if your deposit is with the Deposit Protection Service.
- Form N208 – Claim form (if court action is needed): Used to start civil court proceedings if you and your landlord cannot agree, and you’ve exhausted the dispute scheme process. Download Form N208 here. Complete it with supporting evidence and submit to the appropriate county court. Tip: Most renters resolve disputes through deposit schemes, not court.
If a repair issue also breaches legal housing standards (such as unsafe conditions), you can apply to the First-tier Tribunal (Property Chamber) for England.
Which Legislation Covers Deposit Deductions?
Key legislation:
- Housing Act 2004, Part 6—sets out deposit protections and allowed deductions in England
- Landlord and Tenant Act 1985—covers disrepair and landlord obligations
It’s important to check what type of tenancy you have, but most private renters are on assured shorthold tenancies, which are covered by these laws.
FAQ: Your Questions Answered
- Can my landlord keep my entire deposit for repairs?
Landlords can only deduct the amount it actually costs to repair damage beyond normal wear and tear. They must provide evidence of the cost. Any remaining deposit should be returned to you. - What counts as fair wear and tear?
Fair wear and tear means deterioration from normal, everyday use – such as carpet flattening or faded paint. Accidental or malicious damage does not count and can be deducted for. - How do I challenge a deduction I believe is unfair?
First, dispute the deduction in writing with your landlord. If unresolved, raise a dispute with your tenancy deposit protection scheme (they all have free, impartial adjudicators). - What evidence will help my deposit dispute?
The inventory (check-in/check-out), photos, correspondence, and any receipts for cleaning or repairs you paid for yourself can all support your claim. - Does my landlord have to provide proof of repair costs?
Yes. Landlords should give you invoices, receipts, or quotes to justify any deduction. You can request this information before agreeing to any deduction.
Need Help? Resources for Renters
- Tenancy Deposit Protection - GOV.UK (official info and schemes)
- First-tier Tribunal (Property Chamber)—handles housing disputes in England
- Shelter England: Getting your deposit back (legal guidance for renters)
- Citizens Advice: Tenancy deposit disputes
- GOV.UK: Repairs in rented housing
- Housing Act 2004, Part 6
- GOV.UK: Tenancy Deposit Protection
- GOV.UK: Repairs in rented housing
- Form N208 (Claim Form under CPR Part 8)
- First-tier Tribunal (Property Chamber) - GOV.UK
- Landlord and Tenant Act 1985
- Keep inventories and photos for every stage of your tenancy—they’re crucial evidence in disputes.
- Remember, only damage beyond normal wear and tear can be deducted from your deposit for repairs.
- If you disagree with a deduction, use your deposit scheme’s free dispute service before considering court.
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