MicacorMove-In Condition And Check-Out Report

Tenancy deposit disputes in England and Wales (2026)

For England and Wales. Updated 19 October 2026.

England and Wales share the same three deposit schemes, but the tenancy law behind them is now quite different. England changed on 1 May 2026 when the main part of the Renters' Rights Act 2025 came into force. Wales has used occupation contracts under the Renting Homes (Wales) Act 2016 since 1 December 2022. This guide sets out what is the same, what differs, and what each change means for inventories and deposit disputes.

The three schemes

Deposits in England and Wales are protected with one of three government-approved schemes:

  • Deposit Protection Service (DPS)
  • mydeposits
  • Tenancy Deposit Scheme (TDS)

Schemes can be custodial, where the scheme holds the money, or insured, where the landlord or agent holds it and the scheme protects it. Every scheme offers a free dispute resolution service, often called ADR.

England after the Renters' Rights Act

What changed on 1 May 2026

  • Assured shorthold tenancies became assured periodic tenancies automatically. New tenancies can no longer have a fixed end date.
  • Tenants end a tenancy by giving two months' notice. Section 21 "no fault" evictions ended.
  • The deposit protection rules in the Housing Act 2004 now refer to assured tenancies rather than shorthold tenancies.
  • Where a deposit has not been properly protected, or the required information was not given, a court can make a possession order only on the antisocial behaviour grounds (Grounds 7A and 14). That restriction lifts if the deposit has been returned, in full or with agreed deductions, or a court claim about it has been decided, withdrawn or settled. Before, the main sanction was that a landlord could not use section 21.
  • Landlords can only take rent in advance after the tenancy agreement is signed, and then usually no more than one month's rent.
  • Tenants can ask to keep a pet, and landlords must not refuse without a fair reason. gov.uk says a landlord can keep money from the deposit for pet damage, but cannot claim for the same damage twice through insurance and the deposit.

What did not change

  • The deposit must still be protected within 30 days of receiving it, and the tenant must be given the prescribed information within 30 days.
  • The cap is still five weeks' rent where annual rent is under £50,000, and six weeks' rent above that.
  • The landlord must return the deposit within 10 days of both sides agreeing the amount.
  • The dispute process. mydeposits says the Act changes the rental market but its resolution process remains the same.
  • Inventories. The Act does not create a duty to do one. The Tenant Fees Act 2019 still means a landlord cannot make a tenant pay for an inventory service.

What it means for inventories

Tenancies no longer have an end date, so they run until someone gives notice, and the longer a tenancy lasts, the more wear adjudicators allow for. mydeposits notes that with some tenancies having no fixed end date, regular inspections during the tenancy matter even more. Pet requests make it worth recording floors, doors and gardens in detail at check-in. And because the check-out date is now set by the tenant's two months' notice, there is a clear window to book the check-out and a pre-check-out visit.

Still to come

The government's roadmap says a private rented sector database will roll out from late 2026, and that landlords will be required to join a new Landlord Ombudsman, expected in 2028.

Wales under the Renting Homes Act

  • Tenants are "contract-holders" and tenancies are "occupation contracts", which are either secure contracts or standard contracts.
  • The landlord must protect the deposit with an authorised scheme and give the required information within 30 days of the deposit being paid. gov.wales confirms the same scheme arrangements apply as before 1 December 2022.
  • Security can only be money or a guarantee.
  • If the deposit is not protected, a court must order the landlord to pay between one and three times the deposit. The landlord also cannot give a section 173 no-fault notice unless the deposit has been returned, in full or with agreed deductions, or a court claim about it has been decided, withdrawn or settled.
  • Inventory. Most standard occupation contracts include a supplementary term requiring the landlord to provide an inventory no later than the written statement, which is due within 14 days of the occupation date. It must list the contents, including fixtures and fittings, and their condition at the occupation date. The contract-holder has 14 days to comment, and if they do not, it is treated as accurate. Supplementary terms can be removed or changed by agreement.
  • Fair wear and tear is written into the supplementary terms of most occupation contracts: the contract-holder is not liable for it, but must take proper care of the home and anything on the inventory.
  • From 1 June 2026, new fundamental terms in Wales prevent discrimination against contract-holders with children or who receive benefits. gov.wales says landlords had to give contract-holders a written statement of the new terms by 14 June 2026.

How a dispute works

  1. Check-out and negotiation. The landlord proposes any deductions with evidence. DPS says that in most cases the two sides agree at this stage. mydeposits' insured scheme rules ask members to contact the tenant within 10 calendar days of the tenancy ending.
  2. Raising a dispute. gov.uk says ADR is optional, but if it is used, both landlord and tenant must agree to it, and the decision is final. Each scheme sets its own time limit. For example, mydeposits' insured scheme rules give the tenant 90 days from the end of the tenancy to raise a case. Check your scheme's deadline early.
  3. Evidence. DPS gives 14 calendar days from its email to upload evidence. mydeposits' insured process gives the landlord 20 working days.
  4. Decision. An adjudicator decides on the documents. mydeposits says its adjudicators aim to decide within 28 calendar days of receiving a prepared case.
  5. Payment. The scheme pays out as the adjudicator directs.

If a tenant cannot reach the landlord at all, gov.uk says they can raise a dispute with the scheme to get the deposit back.

What evidence adjudicators expect

DPS says that, at minimum, a landlord should provide a signed tenancy agreement and, for any claim about condition, signed check-in and check-out reports. It also accepts:

  • signed periodic inspection reports
  • invoices, estimates, receipts and quotes
  • a rent account statement
  • date-stamped photos or videos
  • emails, letters and screenshots of texts or WhatsApp messages
  • witness statements

mydeposits adds that an adjudicator will not visit the property or interview anyone, and that insufficient evidence means the deposit goes back to the tenant. For an inventory to carry weight, it says there should at least be evidence that the tenant was sent it and given seven to ten days to comment.

Micacor produces the check-in and check-out as signed A4 PDFs, with each dated photo beside the item it shows, ready to upload as evidence.

If the deposit was not protected

In England, a tenant can apply to the county court, including after the tenancy has ended. If the court finds the deposit was not protected or the information not given, it must order the landlord to pay between one and three times the deposit within 14 days. Wales has an equivalent rule, as above.

This guide is general information, not legal advice. It does not decide what counts as fair wear and tear in any particular case.

Sources