Deposit Deductions: What Landlords Can Take in Wales

When your tenancy ends in Wales, understanding what can legally be deducted from your deposit is key to getting your money back. The rules aim to protect both tenants and landlords, but knowing your rights ensures you don’t pay unfair charges. This guide breaks down what is allowed, explains limits, and points to official bodies who can help if there’s a dispute.

Understanding Tenancy Deposit Deductions in Wales

In Wales, landlords are only permitted to make deductions from your deposit for specific, justified reasons. Your deposit must be protected in a government-approved scheme—either the Deposit Protection Service or other official schemes.

What Can Be Deducted?

• Unpaid Rent: Any outstanding rent you owe at the end of your tenancy.
• Damage to the Property: Repairs for damage beyond "fair wear and tear" (normal usage over time).
• Cleaning Costs: If you leave the property dirtier than when you moved in. Landlords cannot charge for a "professional clean" unless required to restore original condition.
• Missing or Broken Items: Replacement costs for missing or badly damaged items listed on the inventory.
• Outstanding Bills: Only if in your name and agreed in the contract (such as unpaid council tax or utilities).

Reasons must be clearly explained, with evidence (for example, check-in and check-out inventories).

What Cannot Be Deducted?

• General wear and tear (e.g., faded paint, worn carpets from everyday use)
• Charges for maintenance or repairs the landlord is responsible for
• Costs unrelated to your tenancy

Deposit Protection and Dispute Resolution

Your landlord must protect your deposit with an approved scheme within 30 days of receiving it. At the end of the tenancy, you should receive your deposit back within 10 days unless there is a dispute about deductions.

If you disagree with proposed deductions, you can use the free dispute resolution service offered by the deposit scheme. This is an impartial process, and landlords must provide evidence for any claim.

Relevant Official Forms

• Deposit Return Form (specific to each scheme): Used to formally request your deposit back at tenancy end. Provided by your deposit scheme—example from DPS.
  Renter tip: Submit as soon as your tenancy ends if your landlord hasn’t already done so.
• Deposit Dispute/Adjudication Form: Initiate a dispute if you disagree with deductions. Available through your scheme (see DPS contact options for forms and process).
  Example: If your landlord claims for carpet damage but you believe it’s only due to fair wear and tear, submit the dispute form and include your check-in inspection evidence.

Your Rights and the Relevant Legislation

Deposit deductions in Wales are covered under the Renting Homes (Wales) Act 2016.¹ This law sets out tenant and landlord obligations for all secure and standard occupation contracts (which replaced traditional assured shorthold tenancies in December 2022).

Disputes over deposit deductions can be referred to the Residential Property Tribunal Wales for independent adjudication.²

Action Steps for Challenging Deposit Deductions

• Request a full breakdown in writing of proposed deductions.
• Gather evidence: photos, inventories, and correspondence.
• Initiate a dispute through your deposit scheme if agreement isn’t reached. Complete their dispute form and submit your evidence.
• Use the free adjudication service – a decision will usually be made based on submitted evidence.
• If the scheme’s outcome is unsatisfactory, consider applying to the Residential Property Tribunal Wales.

Start each step as soon as possible after your tenancy ends for the best chance of recovery.

Frequently Asked Questions

1. Can my landlord deduct for professional cleaning if I cleaned the property myself?
   Landlords can only deduct actual costs if the property is significantly less clean than at the start. A general "professional clean" cannot be required unless your contract specifies this and the property is left unreasonably dirty.
2. What counts as fair wear and tear?
   Normal deterioration from everyday use – like faded curtains or minor marks – counts as fair wear and tear and cannot be deducted from your deposit.
3. How soon should I get my deposit back?
   Your deposit should be returned within 10 days of agreeing how much you’ll get back. Delays can be reported to the deposit scheme for investigation.
4. What if my deposit was not protected?
   If your deposit was not protected, you can seek compensation and may apply to the Residential Property Tribunal Wales for redress.
5. Can landlords deduct for damage caused by guests?
   Yes, tenants are generally responsible for reasonable damage caused by their guests, unless your occupation contract states otherwise.

Key Takeaways for Renters in Wales

• Landlords may only deduct for unpaid rent, unreasonable damage, extra cleaning, missing items, or certain unpaid bills.
• Disputes are handled by your deposit protection scheme; you can escalate to the Residential Property Tribunal Wales if needed.
• Always use inventories and photo evidence to support your case.

Clear communication and documented evidence make resolving disputes easier and help secure your full deposit.

Need Help? Resources for Renters

• UK Government: Deposit disputes and problems
• Shelter Cymru: Tenancy Deposits Advice
• Deposit Protection Service (DPS)
• Residential Property Tribunal Wales

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1. Renting Homes (Wales) Act 2016
2. Residential Property Tribunal Wales

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