Did you break it, or is it just old? (Deposit Disputes Guide)
The Golden Rule: No "New for Old" (This is often referred to as betterment)
Landlords cannot use your deposit to upgrade their property. This is illegal and known as "betterment." If you damage a 5-year-old carpet, they cannot charge you for a brand new one. They can only charge for the value of the old carpet at the time you left.
Wear vs. Damage: The Difference
Landlords must allow for "fair wear and tear" – the natural deterioration of things over time.
| Item | Fair Wear and Tear (Landlord Pays) | Damage (You Pay) |
|---|---|---|
| Walls | Fading paint from sunlight, minor scuffs. | Large holes from picture hooks, crayon marks, deep scratches. |
| Carpet | Flattened pile in walkways, fraying edges. | Red wine stains, cigarette burns, rips. |
| Curtains | Fading from sun, minor fraying. | Ripped fabric, missing hooks pulled out by force. |
| Furniture | Worn cushions, loose hinges. | Broken legs, deep gouges, cigarette burns. |
How to Dispute a Deduction (3 Steps)
- Negotiate: Ask the landlord to explain the cost. Remind them of the "betterment" rule.
- Scheme Adjudication: If you can't agree, tell the Deposit Protection Scheme (TDS, DPS, MyDeposits). Their free dispute service will decide. You don't need a lawyer.
- Court: This is rare. Only used if the amount is huge or the deposit wasn't protected.
Take Action
Did they try to charge you illegal fees? Soon you will be able to report them on Flatm8, and search your postcode to find your local union who will be able to support you. Join the Waitlist