Before you sign the tenancy agreement
Check: the landlord is the legal owner (Rightmove/Land Registry). The property is licenced if it's an HMO (House of Multiple Occupation). A gas safety certificate, EICR (electrical installation condition report) and EPC (energy performance certificate) are provided — these are legal requirements. The deposit is protected in a government-approved scheme within 30 days of receipt, and you receive the Prescribed Information. Use our free rental deposit checklist on move-in day.
Deposits: what landlords can and cannot deduct
Deposits are capped at 5 weeks' rent (for annual rent under £50,000). Landlords can deduct for: damage beyond fair wear and tear, cleaning where the property is returned less clean than at the start (supported by check-in photos), and unpaid rent. They cannot deduct for: fair wear and tear, maintenance issues that were the landlord's responsibility, or alleged damage without photographic evidence. The check-in photos you take on move-in day are your primary evidence — date-stamped and emailed to yourself.
What to do if your landlord withholds your deposit
Raise a dispute with the deposit protection scheme (the three schemes are TDS, DPS and MyDeposits). This is free, independent and legally binding. You do not need a solicitor. Most disputes are resolved within 6–8 weeks. The burden of proof is on the landlord to prove deductions are justified — not on you to prove they aren't. Keep all communications with the landlord in writing.
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