5 Deductions Your Landlord Cannot Legally Make

Every year, thousands of tenants in England and Wales lose money to deposit deductions that are either unlawful or unenforceable. According to the Tenancy Deposit Scheme's adjudication reports, cleaning and damage are the two most disputed categories — and tenants receive a favourable outcome in the majority of disputes when they submit proper evidence.

Here are five deductions your landlord almost certainly cannot make:

1. Normal Wear and Tear

Under the Housing Act 2004 and established case law, landlords cannot charge tenants for deterioration that results from ordinary, everyday use of the property. This includes things like: scuff marks on walls from furniture, slight fading of carpets in high-traffic areas, minor marks around light switches, and small nail holes from hanging pictures.

The Shelter England guidance is clear: "Fair wear and tear is the reasonable deterioration that occurs through normal everyday use." The longer your tenancy, the more wear is considered reasonable. For a deeper look at what qualifies, see our full guide to fair wear and tear.

2. Professional Cleaning After a Long Tenancy

The TDS reports that cleaning disputes are the most common type of claim. However, after a tenancy of 2+ years, adjudicators consistently find that requiring the property to be returned in move-in condition is unreasonable. According to Citizens Advice, you only need to leave the property in a reasonable condition — not a professionally cleaned one, unless your tenancy agreement specifically required professional cleaning AND you received the property in a professionally cleaned state. We cover this in detail in our guide on how to dispute cleaning charges.

3. Pre-Existing Damage

If damage existed when you moved in, your landlord cannot deduct for it when you move out. This is where a check-in inventory is crucial. The MyDeposits dispute guidance states that without a check-in report, the burden of proof falls on the landlord to demonstrate the damage occurred during your tenancy.

4. Improvements or Upgrades

Your landlord cannot use your deposit to upgrade the property. For example, they cannot deduct for repainting in a different colour, replacing carpet with a higher-quality alternative, or installing new appliances. Any replacement must be like-for-like and account for the age and condition of the original item. The concept of "betterment" — where the landlord ends up in a better position than before your tenancy — is consistently rejected by adjudicators.

5. Costs Without Evidence

Under deposit protection scheme rules, the landlord bears the burden of proof for every deduction. They must provide invoices, receipts, or quotes to justify the amounts claimed. Vague descriptions like "general damage — £200" or "cleaning required — £150" without supporting documentation are routinely rejected at adjudication. The DPS Learning Centre confirms that landlords must evidence both the damage and the cost of remediation.

What To Do Next

If your landlord has made any of these deductions, you have strong grounds to dispute them. The process starts with a formal demand letter citing the specific laws that apply to your situation. You should also check whether your deposit was properly protected — if it was not, you may be entitled to 1-3x compensation for an unprotected deposit.