In England, a tenancy deposit must be protected in a government approved scheme: the Deposit Protection Service, mydeposits or the Tenancy Deposit Scheme. If the landlord and tenant cannot agree on deductions at the end of the tenancy, the scheme offers a free dispute resolution service, where an independent adjudicator decides based on the evidence.
The landlord has to prove it
The deposit belongs to the tenant until it is agreed otherwise. That means it is for the landlord to show, with evidence, that the property is in a worse condition than at the start of the tenancy, beyond fair wear and tear. If the evidence is missing or unclear, the adjudicator will usually return the money to the tenant.
What adjudicators look for
- A check-in report, ideally signed by the tenant, showing the condition at the start
- A check-out report comparing each item against the check-in
- Clear, dated photographs that show the same item at both points
- Consistent descriptions, so it is obvious what has changed
- Evidence of the cost of putting things right, such as quotes or invoices
Common reasons claims fail
Claims most often fail because there is no inventory, because it is too vague to compare against, or because photographs are missing, undated or do not show the item clearly. A report that says a carpet is in good condition, with no photograph, gives an adjudicator very little to work with.
Getting it right from the start
The strongest position is a detailed independent inventory, a check-in agreed by the tenant and a check-out written to the same standard by the same company. Then the comparison is like for like, and both sides can see exactly what has changed.
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