When a deposit deduction is disputed, the scheme’s adjudicator decides the case on documents alone. They do not visit the property, they do not speak to either party, and they start from the position that the deposit belongs to the tenant. The landlord, through the agent, has to demonstrate that the deduction is justified. Most claims that fail do so not because the damage was imaginary, but because the evidence submitted did not prove it to the required standard.
This guide sets out what that evidence consists of, in the order it needs to be gathered, from the first day of the tenancy to the submission of the claim.
The burden of proof
The landlord must show, on the balance of probabilities, that the tenant breached the tenancy agreement, that the breach caused a loss, and that the amount claimed is a reasonable reflection of that loss. All three parts must be evidenced. A photograph of a damaged carpet proves there is a damaged carpet; it does not prove the tenant damaged it, or what it should cost to put right. Each element needs its own supporting document.
Evidence from the start of the tenancy
The single most important document is the check-in inventory. Without a detailed, dated, photographic record of the property’s condition at the start, the landlord cannot show that any deterioration happened during the tenancy. Adjudication statistics from all three schemes consistently show that claims without a check-in report succeed far less often than those with one.
The check-in needs to be signed or acknowledged by the tenant. A report the tenant has agreed to is very difficult to contest later; one they never saw invites the argument that it was inaccurate or prepared after the fact. If the tenant declined to sign or did not attend, the report should record that, and the agency should send it to them with a stated period for comments. Silence after that is itself useful evidence.
Alongside the inventory, keep the tenancy agreement, any cleaning invoice from before check-in, the gas safety certificate and EICR, and any correspondence about the property’s condition at the start.
Evidence during the tenancy
Mid-term inspection reports show how the property was kept and, critically, whether problems were reported. A tenant is generally not liable for deterioration caused by a defect they reported promptly and the landlord failed to fix; they may well be liable for damage from a leak they ignored for a year. Inspection reports establish which situation applies.
Keep all maintenance correspondence: what the tenant reported, when, what was done and when. Keep records of any warnings issued about tenancy breaches. Keep the tenant’s own communications about damage or accidents, which are often the clearest evidence of responsibility available.
Evidence at the end of the tenancy
The check-out report should be produced by an independent clerk, ideally the same one who did the check-in, as soon as the tenant has vacated and before anyone else has entered to clean or repair. It should reference the check-in item by item, with photographs taken from the same positions. Each change should be classified: no change, fair wear and tear, tenant damage, cleaning required, or landlord maintenance. That classification is the clerk’s professional view and adjudicators give it significant weight, precisely because the clerk has no stake in the outcome.
Meter readings and keys returned should be recorded in the same way as at check-in, with the same photographic evidence.
Costing the claim
For every item claimed, there needs to be a cost and a justification for it. Quotes or invoices from tradespeople or cleaners, itemised to match the specific issues in the check-out report, are the standard. Where the landlord has done the work themselves, a reasonable estimate of materials and time can be claimed, but adjudicators are sceptical of round figures with no basis.
Betterment must be applied. For any item being replaced rather than repaired, the claim should state the item’s age at check-in, its expected lifespan, and the proportion of its remaining life the tenant is being asked to pay for. A claim that seeks full replacement of aged items will be reduced, and the reduction often colours the adjudicator’s view of the rest of the claim.
Presenting the claim
Structure the submission as a schedule: one line per item, giving the check-in description and photograph reference, the check-out description and photograph reference, the classification, the cost claimed and the basis for it. Attach the full check-in and check-out reports, the tenancy agreement, the relevant invoices and quotes, and any correspondence that bears on the item. Keep the narrative short and factual; adjudicators are reading many of these and are persuaded by clarity, not volume.
Concede what should be conceded. If an item is genuinely fair wear and tear, do not claim it. A claim that has clearly been filtered by someone who understands the rules is more credible than one that includes everything in the hope some of it sticks.
Common failures
No check-in report, or one without photographs. A check-in report not agreed by the tenant. A check-out conducted after cleaners or contractors had already been in. Photographs that cannot be tied to specific items or dates. Claims for full replacement of aged items. Invoices that do not match the issues claimed. Claims for cleaning where the check-in cleanliness standard was never established. Claims for items the tenant had reported as faulty. Each is avoidable, and each is common.
The underlying discipline
Evidence for a deposit claim is not assembled at the end of a tenancy. It is created at the start, maintained through the middle, and completed at the end. Agencies that treat the check-in inventory as the foundation of the tenancy file, inspect regularly, instruct an independent check-out and cost their claims honestly rarely find themselves in adjudication at all, because tenants can see the evidence and accept the deduction. When a case does go to the scheme, that same discipline is what wins it.
