Tenancy Deposit Disputes: How to Win
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# Tenancy Deposit Disputes: How to Win
If you're a landlord in England or Wales, every deposit you take must be protected in one of three government-approved schemes: TDS, DPS, or MyDeposits. When a tenancy ends and you and the tenant cannot agree on deductions, either side can raise a dispute and an independent adjudicator decides who gets what.
Around 60% of dispute decisions are split — meaning landlords routinely lose money they could have kept with better evidence. This guide shows you how to be in the winning 20%.
How adjudication actually works
Adjudicators are independent professionals (often surveyors or solicitors) who never see the property. They decide entirely on the documents you submit. Their core test is:
> "Has the landlord proved, on the balance of probabilities, that the deduction is reasonable and the cost is justified?"
If you cannot prove it on paper, you lose it.
The five pieces of evidence that win disputes
1. Signed check-in inventory with date-stamped photos
The single most important document. It must:
- Be signed (or electronically accepted) by the tenant
- Include condition notes for every room
- Include date-stamped photos of every surface, appliance, and fitting
- Note the cleanliness standard at handover
2. Check-out report
Ideally produced by the same inventory clerk who did the check-in, using the same format. Date-stamped photos of every issue you want to claim for.
3. Itemised invoices or quotes
Not estimates. Not round numbers. Real invoices from real tradespeople with VAT numbers, dates, and itemised descriptions.
4. Rent ledger
A running statement showing every payment and arrears. Essential for any rent-related claim.
5. Correspondence trail
Emails, texts, and letters showing you raised issues with the tenant during the tenancy — not just at the end.
Fair wear and tear vs damage
This is where most landlords lose. Fair wear and tear is deterioration from normal use over time. It cannot be charged to the tenant. Examples:
- Light traffic wear on carpets
- Minor scuffs on walls in high-use areas
- Paint fading
- Furniture indentations in carpet
Damage beyond fair wear and tear is something a reasonable tenant would not cause through normal use:
- Burns, large stains, tears
- Holes in walls beyond small picture hooks
- Pet damage
- Broken fittings
Apportionment: the rule landlords forget
If you replace a carpet that was already half worn, you cannot charge the tenant the full cost — even if they damaged it. Adjudicators apply useful life apportionment:
> Carpet expected life: 10 years. Age at end of tenancy: 5 years. Damage caused by tenant: total write-off. Landlord can claim 50% of replacement cost.
This rule applies to paint, carpets, appliances, and most furnishings.
Common adjudicator decisions
| Claim | Typical outcome |
|---|---|
| Cleaning to bring property to check-in standard | Awarded if itemised invoice and clear photos |
| Full repaint of a 4-year-old paint job | Rarely awarded — fair wear or apportioned |
| Garden tidy where check-in shows neat lawn | Awarded if photos show overgrowth |
| Replacement of stained 8-year-old carpet | Often refused on age grounds |
| Unpaid rent with clear ledger | Almost always awarded |
The 14-day rule
Once a dispute is raised, you typically have 14 days to upload your evidence. Miss the deadline and you forfeit the claim. Build your check-out evidence pack within a week of move-out so it's ready to go.
Winning checklist
- Use a professional inventory clerk for check-in and check-out
- Date-stamp every photo
- Get every claim costed by invoice, not estimate
- Apportion for age and useful life
- Submit a written narrative explaining each deduction
- Respond to adjudication requests immediately
Final word
Deposit disputes are won at check-in, not check-out. Invest in a proper inventory and you will win 80% of disputes before they start.
Frequently asked questions
Who decides a deposit dispute?+
An independent adjudicator from the scheme holding the deposit (TDS, DPS or MyDeposits). Their decision is binding unless either party rejects it and goes to court.
What is the success rate for landlords?+
Roughly 20% of disputes are decided fully in the landlord favour, 20% fully for the tenant, and 60% split. Strong evidence dramatically improves the landlord share.
What counts as fair wear and tear?+
Deterioration from normal use over time — light carpet wear, minor scuffs, faded paint. It cannot be charged to the tenant.
Can I charge for a full repaint?+
Only if damage is beyond normal wear and tear, and even then you must apportion for the age of the previous paintwork.
Do I need professional cleaning receipts?+
Yes, if claiming cleaning costs. Adjudicators reject vague claims without itemised invoices.
What if I do not have a check-in inventory?+
You will likely lose any condition-related claim. Without a baseline, there is no proof the damage was caused by the tenant.
How long do I have to respond to a dispute?+
Typically 14 days from notification. Missing the deadline forfeits your claim.
Can I appeal an adjudicator decision?+
No internal appeal. You can refuse the decision and pursue the matter in the small claims court.
What about unpaid rent?+
Adjudicators will award unpaid rent if you provide a clear rent ledger. This is one of the easier claims to win.
Can I claim for void period during repairs?+
Generally no — courts and adjudicators view this as a landlord risk, not a tenant debt.
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