Voice and visuals made with automated software, including AI.
Yes, on the part you keep, in the tax year you become entitled to keep it, such as 2026-27. While the deposit is protected it is not your income, and a repair it pays for nets off against it.
The rules below follow GOV.UK and HM Revenue and Customs' Property Income Manual (PIM), checked on 17 October 2026, and apply to individual landlords in England.
Your landlord deadlines, handled
A compliance calendar for each property, with reminders before every certificate and your register deadline. Landlord Tax adds your Making Tax Digital figures and tax return, prepared for you to send.
Are you ready for Making Tax Digital? Check your start date and what to sort first. It’s free and takes a minute.
While you hold it, it is the tenant's money
GOV.UK says rental income is the rent you get from your tenants, including payments for furniture and for services such as repairs. A tenancy deposit is not on that list while you hold it.
HMRC's manual (PIM1094) explains why. A deposit is often held in a custodial or insured scheme during the tenancy, and it "is still legally retained by the tenant for the duration of the tenancy". So under the cash basis, a deposit or part of it only becomes a receipt when you become legally entitled to keep it at the end of the tenancy. The part you hand back is never income.
GOV.UK says landlords can use the cash basis, and you tick a box on your tax return to opt out of it. If you have opted out, PIM1052 says the deposit is normally deferred and matched with the costs of the repairs, and any part not refunded at the end of the tenancy is income at that point, to the extent it has not already been counted.
Protecting the deposit is a separate duty, covered in how to protect a tenancy deposit.
The part you keep, and the repair it pays for
PIM1051 lists "deposits/bonds taken from tenants" among the receipts of a property business. HMRC's own example in PIM1094 is a £1,100 deposit, with £300 kept for damage to the fixtures: the £300 counts in the tax year the landlord became entitled to it, and the £800 returned never counts.
GOV.UK adds the other half. If you keep your tenant's deposit to cover damage they caused, you can only claim repair costs above the amount of the deposit you kept. In our reading, the two fit together: the money kept for a repair and that repair cancel each other out, so you claim only what the deposit did not cover. Anything you keep that is not spent on a repair, such as unpaid rent, is income.
Situations at a glance
| Situation | Tax effect |
|---|---|
| Deposit protected during the tenancy | Not income (PIM1094) |
| Deposit returned in full | Never income (PIM1094) |
| Part kept for damage, repair costs the same | Nets off, in our reading of GOV.UK and PIM1052 |
| Part kept for damage, repair costs more | Claim only the cost above the amount kept (GOV.UK) |
| Part kept to cover unpaid rent | On the cash basis, income when you become entitled to keep it, in our reading |
| Part kept for damage you decide not to repair | Income, in our reading of PIM1052 |
| Holding deposit kept because the applicant withdrew | Income in the year you keep it, in our reading of PIM1051 |
| Holding deposit put towards the first rent | Counted as that rent, in our reading |
Holding deposits
GOV.UK's guidance on the fees you can charge says a holding deposit can be up to 1 week's rent, and you must refund it unless the applicant fails a Right to Rent check, withdraws, does not respond or contact you to progress the tenancy, or gives false or misleading information that affects their suitability. If you keep it, you must tell them why in writing within 7 days, or you may face a financial penalty. If they sign the tenancy, you refund it, or with their agreement put it towards the first month's rent or the tenancy deposit.
A worked example
A landlord in Leicester lets a flat on the cash basis. The tenant paid a £1,200 deposit, which went into a scheme. The tenancy ended in February 2027, in the 2026-27 tax year, and the deductions were agreed that month:
| Item | Amount |
|---|---|
| Kept for a damaged door | £320 |
| Door repair, paid by the landlord | £400 |
| Kept for unpaid rent | £200 |
| Returned to the tenant | £680 |
| Repair cost above the amount kept (£400 minus £320) | £80 expense |
| Unpaid rent kept | £200 income |
| Net effect on 2026-27 profit (£200 minus £80) | £120 more profit |
The £320 kept and the first £320 of the repair cancel out, in our reading. The £680 returned is never income. This is an example only.
What this means for you
In our reading, you pay tax on a kept deposit only where it is more than the cost of the work it paid for, or where it stands in for rent. Keep the scheme's record of what was agreed with each repair invoice. The guide to landlord expenses covers which repairs you can claim.
Steps to record a kept deposit
- Leave the deposit out of your income while it is protected.
- When the deductions are agreed, note the date and the amount kept for each reason.
- Record unpaid rent kept from the deposit as rent received on that date.
- For each repair, set the amount kept against its cost and record only the extra as an expense.
- Keep the scheme's decision or your written agreement with the tenant, and the invoices.
- If you keep a holding deposit, give the reason in writing within 7 days and record the amount as income.
Under Making Tax Digital (MTD), GOV.UK says each digital record shows the amount, the date and a category, and you still keep supporting documents such as bank statements and invoices. The free MTD check shows when it starts for you, and the landlord section has more guides.
Hold your place on the landlord waitlist
We’ll email you when Landlord Tax starts, with the founding-member price while it lasts. No payment is taken. Landlord Compliance is open now.
Questions people ask
Is the deposit my income when the tenant pays it?
No. HMRC's manual says the deposit is still legally the tenant's for the length of the tenancy, whether it sits in a custodial or an insured scheme. Under the cash basis, only the part you become legally entitled to keep at the end counts.
Can I claim the repair that the deposit paid for?
Only the part the deposit did not cover. GOV.UK says that if you keep your tenant's deposit to cover damage, you can only claim repair costs above the amount you kept.
Is unpaid rent taken from the deposit taxable?
Yes, in our reading. It is rent you had not received, and under the cash basis HMRC's manual counts rent when it is paid, so it counts when you become entitled to keep that part of the deposit.
Is a holding deposit I keep taxable?
In our reading, yes, in the tax year you keep it. HMRC's manual lists deposits taken from tenants among property business receipts. GOV.UK says you can only keep a holding deposit in four situations, such as the tenant withdrawing.
Which tax year does a kept deposit go in?
Under the cash basis, the tax year in which you become legally entitled to keep it, usually when the deductions are agreed at the end of the tenancy. If you have opted out of the cash basis, HMRC's manual says any part not refunded is income at the end of the tenancy, to the extent it has not been counted already.
Sources
- Work out your rental income when you let property (GOV.UK)
- PIM1051: Income chargeable: overview (HMRC Property Income Manual)
- PIM1052: Income chargeable: deposits or bonds taken from tenants (HMRC Property Income Manual)
- PIM1094: Cash basis for landlords: receipts and expenses (HMRC Property Income Manual)
- Fees you can charge as part of a tenancy (GOV.UK)
- Use Making Tax Digital for Income Tax: create digital records (GOV.UK)
This is general information to help you understand the rules. It isn't tailored to your circumstances, so check your own position before acting on it.
Righto Landlord is a trading name of NJG Consultancy Ltd, registered in England and Wales, company number 16095900. Registered office: Jubilee House, East Beach, Lytham St Annes, FY8 5FT.
What happens next
- Use the free Making Tax Digital checker to see your own start date and deadlines.
- See what Righto Landlord does for you, and join the waitlist.
- Questions about this page? Email hello@rightolandlord.co.uk.