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Can a Landlord Claim More Than the Deposit? Rules in the UK

What tenants and landlords should know when damage or arrears exceed the deposit.

Can a Landlord Claim More Than the Deposit? Rules in the UK Property Legal, Risk & Compliance

Updated October 2026 · Fraser Bond

Deposits · Disputes

When damage or arrears exceed the deposit

5 weeksusual deposit cap
ADRfor the deposit
Small claimsfor anything more
Wear and tearnot chargeable
In short: Yes, a landlord can claim more than the deposit if the losses are genuine, such as unpaid rent or damage beyond fair wear and tear. The deposit scheme's free dispute service can only decide what happens to the deposit itself. To recover more, the landlord must claim through the county court, usually the small claims track. They will need clear evidence: a check-in inventory, a check-out report, photos and invoices. Fraser Bond manages tenancies with detailed inventories, which helps avoid disputes in the first place.

What can and can't be claimed

Usually claimableUsually not claimable
Unpaid rentFair wear and tear, such as light scuffs or faded paint
Damage caused by the tenant or guestsReplacing old items with new ones at full price (betterment)
Cleaning back to the check-in standardImprovements the landlord wants anyway
Missing items listed on the inventoryRoutine redecoration after a long tenancy
Reasonable costs to fix breachesCosts without evidence

A general guide. Each case depends on the evidence.

Fair claim estimator
Fair contribution for the item–
Total fair claim–
Amount above the deposit–

A straight-line apportionment, as deposit adjudicators often use. Real cases depend on condition and evidence.

How a claim over the deposit works

1
Check-outCompare the property with the check-in inventory.
2
Propose deductionsSend the tenant an itemised list with evidence.
3
Deposit disputeIf not agreed, use the scheme's free adjudication for the deposit.
4
Letter before claimFor extra losses, write to the tenant setting out the claim.
5
Small claims courtFile a claim online if the tenant does not pay.

How Fraser Bond prevents disputes

  • Detailed photo inventories at check-in and check-out
  • Mid-tenancy inspections to spot problems early
  • Deposit protection and clear deduction proposals
  • Rent collection and early arrears action

Frequently asked questions

Can a landlord keep the whole deposit?

Only if the losses justify it, and with evidence. The tenant can dispute deductions through the deposit scheme.

How much deposit can a landlord take?

Up to 5 weeks' rent where annual rent is under £50,000, or 6 weeks' if higher.

How long does a landlord have to claim?

Generally up to six years for breach of contract, but acting quickly is much better.

Can Fraser Bond handle check-out and deductions?

Yes, as part of our management service.

Want fewer deposit disputes?

Our management service includes full inventories, inspections and deposit handling.

Speak to our teamProperty management

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