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My tenant’s deposit doesn’t cover the damage – Do I need a solicitor?

22 July 2026

If you are a landlord finding that damage costs have exceeded the security deposit in a vacated property, you may be wondering what options you have.

The deposit is designed to act as a form of insurance to recoup damage costs incurred, also incentivising tenants to take care of the property.

However, it is not uncommon for landlords to be in a situation where the security deposit does not sufficiently cover the cost of damages.

It is important to know where this leaves you, so that you can look to recover costs and bring any dispute to a close.

Assessing the damage

Before mulling legal action, you should thoroughly document damages and create detailed estimates of the repairs needed.

An important distinction landlords need to make during this process is what does and what doesn’t classify as fair wear and tear.

You should always communicate with the tenant at the earliest stage to outline the damages and costs needing to be refunded, supported by the evidence gathered.

This can include check-in/check-out inventory reports, photos and invoices for repairs.

What options are available?

In many cases, a conversation with the tenant or guarantor can resolve the excess deposit costs without legal action.

This can be achieved by outlining in writing, alongside your evidence, why the deposit has been insufficient to cover damages and how further payment is needed.

If tenants refuse to pay the excess costs despite credible evidence, you may choose the small claims procedure via the County Court to recover the balance.

This claim can be submitted online or by post for damages under £10,000, but if the damage is more substantial you may need additional legal help.

Of course, in some instances, landlords may choose to cut their loses and claim on their property insurance, but this is likely to push up your premiums and may only cover certain types of damage.

Scenarios where you might need legal advice

If the dispute is unable to be resolved through other means, parties may begin to seek legal guidance.

For example, to pursue a third-party guarantor requires drafting formal legal letters before litigation to hold them liable for the debt.

If a tenant were to launch legal counterclaims against the landlord, such as alleged breaches of maintenance duties or over the classification of wear and tear, it is important to understand your legal position.

Also, for high-value damage and unpaid rent claims exceeding £10,000, the dispute will be legally upgraded to the civil court system, where it is essential that you speak to and appoint a solicitor.

Our solution

Managing deposits and dealing with tenancy disputes can be complicated, but our team of property dispute experts are here to help you overcome these challenges.

By knowing your rights around deposit deductions, you can maintain a proactive and friendly relationship with tenants whilst ensuring your property is protected.

If you find yourself in a deposit dispute or need specialist legal advice in relation to damage to your property, we would be happy to support you.

Book a consultation today and take the step towards fair and amicable dispute resolution.