Yes — a landlord can charge a tenant for damage they cause beyond fair wear and tear. But “can you?” is the easy part; the hard part is how much, and proving it. The deposit stays the tenant’s money until you evidence a legitimate deduction, betterment rules stop you charging for a brand-new replacement, and cleaning is the most disputed claim of all. This guide explains exactly where the line sits, how to work out a fair figure, and how to make a deduction that survives a deposit dispute.
Key Takeaways
- You can charge for damage caused by the tenant, but not for fair wear and tear — that’s your cost as landlord.
- The burden of proof is on you: the deposit is the tenant’s money until you prove a valid deduction.
- Betterment applies — you can only claim a like-for-like cost, minus the item’s age and remaining life, not a shiny new replacement.
- Cleaning is the single most common deduction and the one most often challenged — a check-in-standard clean, evidenced, is the safe route.
- A dated inventory with check-in and check-out photos is what wins disputes; without it you’ll usually lose.
- If damage exceeds the deposit you can use the small claims track (claims up to £10,000); disputes over the deposit itself go to the scheme’s free ADR.
Wear and tear vs damage: where the line sits
Fair wear and tear is the normal deterioration a property suffers from ordinary, everyday use over the length of the tenancy — and it is the landlord’s responsibility, not something you can pass to the tenant. Damage is deterioration caused by the tenant’s action, negligence or misuse, beyond that reasonable use. The same item can fall on either side of the line depending on cause and degree.
| Item | Fair wear and tear (you pay) | Chargeable damage (tenant pays) |
|---|---|---|
| Carpet | Fading and light traffic wear | Burns, deep stains, tears, pet fouling |
| Walls | Minor scuffs, small picture-hook holes | Large holes, unauthorised paint colours, crayon |
| Curtains / blinds | Sun-faded fabric | Torn, stained or missing |
| Doors / handles | Loose handle, general aging | Broken locks, kicked-in panels |
| Appliances | Wear from normal use | Broken through misuse or neglect |
Judgement matters: a worn carpet in a five-year tenancy is expected; the same wear after four months may not be. Length of tenancy, the number of occupants and the item’s age at check-in all feed into a fair assessment. Our guide to handling damage disputes works through the grey areas.
The legal basis
A tenant has an implied obligation to use the property in a “tenant-like manner” — to look after it, not damage it, and put right anything they break. At the same time, under Section 11 of the Landlord and Tenant Act 1985, structural and installation repairs (and the effects of fair wear and tear) are the landlord’s. So you can recover the cost of genuine tenant damage, but you cannot use a deposit deduction to fund upgrades, redecoration cycles that were due anyway, or repairs that are legally yours.
How much can you actually charge? Betterment and apportionment
This is where most over-claims fall apart. The guiding principle deposit adjudicators apply is that you should never end up better off than if the damage had not happened — that’s “betterment”. If a tenant ruins a carpet, you can’t charge for a brand-new carpet throughout; you can claim the cost of a like-for-like replacement, reduced for the age and remaining lifespan the old one had left.
| Item | Typical lifespan | How the charge is worked out |
|---|---|---|
| Carpet | 7–10 years | Replacement cost, reduced pro-rata for years already used |
| Sofa / furniture | 7–15 years | Replacement cost, less depreciation for age and condition |
| Paint / decoration | 3–5 years | A share of the redecoration cost if damaged well before it was due |
| Appliances | 5–10 years | Repair cost, or depreciated replacement if beyond repair |
Worked example: a tenant badly stains a carpet that cost £600 and was three years into a nine-year life. You can reasonably claim for the six years of life lost — roughly two-thirds of £600, or about £400 — not the full £600. Always give the tenant an itemised breakdown with the calculation, plus receipts or quotes. A fair, evidenced figure is far more likely to be agreed (or upheld at adjudication) than a round-number guess.
Cleaning: the most disputed deduction
Cleaning tops the list of deposit disputes every year. The rule is simple: the tenant must return the property as clean as it was at check-in (allowing for fair wear and tear) — no better. You can’t demand a professional clean as a blanket contract term (the Tenant Fees Act 2019 bans requiring it), but you can deduct the reasonable cost of cleaning to bring it back to the check-in standard, if your inventory proves the difference. Tackling the usual culprits yourself — the oven, limescale, carpet marks and scuffs — often costs less than a disputed deduction and keeps the handover amicable.
End-of-tenancy cleaning & touch-up kit
As an Amazon Associate, we earn from qualifying purchases — at no extra cost to you.
- Oven cleaner — a greasy oven is the classic check-out failure; a good cleaner shifts baked-on grime.
- Limescale remover — for taps, shower screens and toilets in hard-water areas.
- Carpet stain remover — lift marks before deciding a carpet is genuinely damaged.
- Filler & touch-up paint — fix picture-hook holes and scuffs instead of charging for a full redecoration.
- Mould & mildew remover — clear bathroom sealant and grout marks at turnaround.
Deducting from the deposit: the process
Deposit deductions run through the tenancy deposit rules, and getting the process right matters as much as the amount:
- Protect the deposit in a government-approved scheme within 30 days and serve the prescribed information — if you didn’t, you can’t rely on the deposit and may face a penalty. The deposit is also capped at five weeks’ rent (under £50,000 a year).
- Propose deductions in writing with an itemised list, the betterment calculation, and evidence (inventory, photos, receipts/quotes).
- Agree what you can. Once you and the tenant agree the deductions, the agreed balance must be repaid promptly — schemes typically return agreed money within 10 days.
- Use free ADR for anything disputed. The scheme’s alternative dispute resolution service is free and impartial; a claim is usually made within three months of the tenant moving out. The adjudicator decides on the evidence — and the onus is on you to prove the deduction.
Never simply keep the deposit without agreement or an adjudication decision — that’s the fastest way to lose a dispute and any goodwill. See our guide to the legal requirements for tenancy deposits for the full compliance picture.
When the damage costs more than the deposit
The deposit is a cap on what you can take from it — not a cap on what the tenant owes. If genuine, evidenced damage exceeds the deposit, you can pursue the balance through the small claims track of the county court, which handles straightforward money claims up to £10,000. Send a clear letter before claim setting out the sum and evidence first; many tenants settle at that stage.
For very serious or ongoing damage during a tenancy, possession is a separate route. With Section 21 abolished, you would rely on Section 8 discretionary grounds — breach of the tenancy agreement, or deterioration of the property caused by the tenant’s neglect — where the court decides whether eviction is reasonable. Take advice before serving any notice.
The evidence that actually wins
Deposit cases are won on paperwork, not indignation. Build the file every tenancy:
- A detailed, signed inventory and check-in report with dated photos of every room and key item.
- Mid-tenancy inspection notes (with proper notice) — see our inspection guide.
- A check-out report comparing like-for-like against check-in, again with dated photos.
- Receipts, invoices or quotes for the actual remedial work, and the age/lifespan of any replaced item.
- Written communications with the tenant about the condition and any agreed repairs.
No baseline record almost always means no deduction: without a check-in inventory the adjudicator has nothing to compare against, and the money goes back to the tenant.
Common mistakes landlords make
- Charging for a new-for-old replacement — that’s betterment; apply depreciation.
- Treating fair wear and tear as damage — faded paint and worn carpet in a long tenancy are your cost.
- No dated inventory — the most common reason a deduction fails at ADR.
- Keeping the deposit without agreement — you must agree deductions or go through adjudication.
- Requiring a professional clean as a blanket clause — banned by the Tenant Fees Act; deduct only the reasonable cost to reach check-in standard.
Conclusion
You can absolutely charge a tenant for damage — the question is always whether it’s damage rather than wear and tear, whether the figure reflects betterment, and whether you can prove it. Nail the inventory, keep dated photos at check-in and check-out, apply depreciation honestly, and put every proposed deduction in writing with evidence. Do that and the rare genuine claim is straightforward to recover; skip it and even a fair claim can collapse at adjudication.
Written by the Landlords Portal team, based on UK deposit-scheme guidance and tenancy law current as of July 2026. This is general information for landlords, not legal advice; check your deposit scheme’s guidance and take professional advice on specific disputes.
Frequently Asked Questions
Can a landlord charge a tenant for damage?
Yes, for damage caused by the tenant, their household or guests that goes beyond fair wear and tear. You cannot charge for normal wear and tear or for repairs that are legally the landlord’s, and any charge must reflect the item’s age and remaining life (betterment), backed by evidence.
What counts as fair wear and tear?
The normal deterioration of a property through everyday use over the tenancy — faded paint, lightly worn carpet in high-traffic areas, small scuffs and sun-faded curtains. It’s expected and is the landlord’s cost, not the tenant’s.
How much can I deduct for a damaged carpet or sofa?
Only the like-for-like replacement or repair cost, reduced for the age and remaining lifespan of the item. For example, a badly stained carpet three years into a nine-year life can be charged at roughly the value of the lost years, not the full new price. Provide an itemised calculation and receipts.
Can I charge the tenant for cleaning?
You can deduct the reasonable cost of cleaning to return the property to its check-in standard, allowing for fair wear and tear, if your inventory evidences the difference. You cannot require a professional clean as a blanket tenancy-agreement condition — that’s banned by the Tenant Fees Act 2019.
Who has to prove the damage in a deposit dispute?
The landlord. The deposit remains the tenant’s money until you prove a legitimate deduction, so a dated inventory, check-in/check-out reports, photos and receipts are essential. Without a baseline record the deduction usually fails.
What if the damage costs more than the deposit?
The deposit limits what you can take from it, not what the tenant owes. You can pursue the excess through the small claims track of the county court (money claims up to £10,000), ideally after a letter before claim setting out the sum and evidence.
How long do I have to return the deposit?
Once you and the tenant agree any deductions, the agreed balance should be returned promptly — deposit schemes typically repay agreed money within 10 days. If you can’t agree, use the scheme’s free dispute resolution service rather than withholding the money.
