Updated October 2026 · Fraser Bond
Landlords · Deposits
Damage exceeding the deposit
Evidenceinventory
Depositfirst
Small claimscourt
Guarantorclaim
In short: If damage or unpaid rent is more than the deposit, you can still claim the balance from the tenant. First, agree deductions or use the deposit scheme's dispute service for the deposit itself. For the excess, send a letter before claim with evidence, then consider a county court money claim; claims up to £10,000 usually go through the small claims track. If there's a guarantor, they may be liable. Landlord insurance may cover malicious damage. Strong inventories and photos are essential.
Steps
1
Gather evidenceCheck-in and check-out reports, photos, invoices.
2
Use the depositAgree deductions or use the scheme's ADR.
3
Letter before claimSet out the balance owed and a deadline.
4
Money claimSmall claims for up to £10,000.
5
EnforceIf a judgment isn't paid.
Frequently asked questions
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Can I claim more than the deposit?
Yes, through the courts.
What if there's a guarantor?
They may be liable for the shortfall.
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