Understanding Your Tenancy Agreement: Clauses That Affect Your Deposit

Your tenancy agreement is the most important document in any deposit dispute. Adjudicators rely on it to determine what you agreed to, what the landlord can reasonably expect, and whether deductions are justified. But many clauses that landlords rely on are actually unenforceable under the Consumer Rights Act 2015. This is closely related to understanding which deductions are illegal in the first place.

Professional Cleaning Clauses

Many agreements state that the property must be "professionally cleaned" at the end of the tenancy. However, Shelter England advises that such clauses may be unenforceable if the property was not professionally cleaned before you moved in, or if they create an unfair imbalance between landlord and tenant under the Consumer Rights Act 2015. Adjudicators at the TDS have consistently ruled that tenants only need to return the property to the standard it was at the start of the tenancy, less fair wear and tear.

No Pets Clauses and the Tenant Fees Act

Since the Tenant Fees Act 2019, landlords cannot charge blanket fees for pets. They can request a higher deposit (up to 5 weeks' rent), but any deduction must be for actual damage caused, not simply because a pet was present. Citizens Advice confirms that normal wear from pets (slight carpet wear, for example) is treated the same as any other fair wear and tear.

Redecoration and Repainting Clauses

Clauses requiring you to repaint or redecorate at the end of a tenancy are very rarely enforceable after a tenancy of more than a year. Under the principle of fair wear and tear, walls will naturally show marks and slight discolouration through normal use. The DPS Learning Centre states that repainting costs are almost never awarded in full for tenancies over 12 months.

Garden Maintenance Clauses

If your agreement requires you to maintain the garden, you are generally expected to keep it in a reasonable condition. However, seasonal changes, weather damage, and gradual deterioration of fencing or landscaping features are not your responsibility. The key test from MyDeposits adjudication guidance is whether the garden is in a materially worse condition than at the start of the tenancy, beyond what would be expected.

Unfair Terms Under Consumer Law

The Consumer Rights Act 2015 (Part 2) gives tenants strong protection against unfair contract terms. Any clause that creates a significant imbalance between landlord and tenant rights, to the detriment of the tenant, may be unenforceable. Examples include: clauses requiring payment for "administration fees" at check-out, mandatory use of the landlord's own cleaning company, or charges for "general maintenance" not linked to actual damage. Be aware that some landlords also add unfair letting agent fees that may be prohibited.