TL;DR
In England and Wales a deposit on an assured shorthold tenancy must be protected in one of three government-approved schemes, and the landlord must give you the scheme details. You are not liable for fair wear and tear, only damage beyond normal use. Use dated photos at move-in and move-out, and use the scheme free dispute service if money is wrongly withheld.
Last reviewed: June 2026
| Moving out |
Key facts
|
Deposit protection is the law
If you rent on an assured shorthold tenancy in England or Wales, your landlord or agent must protect your deposit in a government-approved scheme and give you prescribed information about where it is held. This stops deposits being held informally and gives you a route to recover the money.
Keep the scheme paperwork. It tells you which scheme holds your deposit and how to raise a dispute, which is exactly what you need at the end of the tenancy if a deduction is unfair.
The three approved schemes
There are three government-approved deposit schemes in England and Wales, listed in the table below. Each offers a custodial option, where the scheme holds the money, and an insured option, where the landlord holds it but it is protected. Scotland and Northern Ireland have their own separate schemes.
You do not choose the scheme, the landlord does, but you should be told which one holds your deposit within a set time of paying it. If you were never given those details, that is itself a breach you can raise.
| Approved scheme (England and Wales) | Options |
|---|---|
| Deposit Protection Service (DPS) | Custodial and insured |
| Tenancy Deposit Scheme (TDS) | Custodial and insured |
| MyDeposits | Custodial and insured |
Scotland and Northern Ireland operate their own separate approved schemes.
Fair wear and tear versus damage
You are not liable for fair wear and tear, the gradual decline from normal living such as light carpet wear or minor scuffs. You are liable for damage beyond that, such as stains, breakages or holes, and for leaving the property less clean than at the start.
A landlord cannot charge you to replace something old as if it were new. Deductions should reflect the item age and condition, not a full replacement at your cost, which is the most common source of dispute.
The check-out and disputes
Compare the property to the inventory taken at the start, and take dated photographs at move-out covering the general condition and any pre-existing marks. Clean to the standard it was in when you arrived, return all keys, give meter readings and a forwarding address.
If you disagree with a deduction, raise it in writing first. If you cannot agree, the deposit scheme offers a free dispute resolution service where an adjudicator reviews both sides evidence and decides. Because the adjudicator relies on evidence, your inventory and photographs are decisive.
Related guides |
This guide is editorial information based on official UK public sources as at June 2026 and is not financial advice. Figures and thresholds change: confirm current details with the official source before acting. Kael Tripton Ltd is an independent publisher, is not regulated by the FCA, and takes no commission, quotes or lead fees on the products discussed. |
Frequently asked questions
Does my landlord have to protect my deposit?
On an assured shorthold tenancy in England and Wales, yes. It must be held in one of the three approved schemes and you must be given the scheme details.
Which schemes are approved?
In England and Wales the three approved schemes are the Deposit Protection Service, the Tenancy Deposit Scheme and MyDeposits.
Can I be charged for fair wear and tear?
No. You are only liable for damage beyond normal use and for leaving the property less clean than at the start.
What is the best evidence for getting a deposit back?
Dated photographs at move-in and move-out plus the signed inventory. This resolves most disputes where deductions are unfair.
Sources |
