For landlords and renters

Deposit deduction evidence checklist

Tick a head of deduction. See the evidence an adjudicator looks for, and the two things that sink a claim whatever the head.

What is being deducted for

This page is general information about how deposit disputes are decided in England. It is not legal advice and it is not a substitute for advice on your own tenancy. Ticking a head sorts the list, it does not decide whether the deduction is fair: an adjudicator decides that on the evidence. Nothing you type leaves your browser. We do not receive it, and nothing is saved.

Evidence an adjudicator looks for

2 heads

cleaning and damage

  • CleaningA check in inventory recording the standard the property was in, and a check out report recording the standard it came back in. Without both, there is nothing to compare. An invoice for the cleaning actually done, not a quote. Adjudicators do not award a professional clean because the tenancy agreement asked for one, and a clause requiring the tenant to pay for one is itself a prohibited payment under the Tenant Fees Act 2019.
  • DamageDated photographs of the item at check in and at check out, close enough to show the thing claimed for. A quote or invoice for the repair, and the age of the item, because an award is reduced for fair wear and tear. Replacing an item that was part worn with a new one is a betterment claim, and an award reflects the life the item had left.
  • Unpaid rentA rent statement showing every payment with its date and the balance after it, and the tenancy agreement showing the rent and the day it falls due.
  • Missing itemsThe inventory line that lists the item, acknowledged by the tenant at the start, and what a replacement costs with the age of the original.
  • GardenPhotographs at both ends of the tenancy from the same spot in a comparable season, and what the agreement said the tenant was responsible for.
  • RedecorationWhen the property was last decorated, because paintwork has a working life and an award reflects what is left of it, with photographs showing marks beyond what living in a home causes.
If a deduction is proposed to you. You do not have to agree to it. Ask for the evidence above, in writing. The part of the deposit that is not in dispute has to be returned. If you cannot agree, the scheme holding the deposit offers free adjudication and decides on the evidence both sides send in. A deposit is also capped: five weeks' rent, or six where the annual rent is £50,000 or more, under the Tenant Fees Act 2019.

Whatever the head

Two things that cost you, whatever the head

01The deposit was not protected in time

This does not by itself defeat a deduction, but it is the more expensive mistake. Protect the deposit in a government approved scheme and give the tenant the prescribed information, both within 30 days of receiving the money. Miss either and the tenant may apply to the court under section 214 of the Housing Act 2004, which can order between one and three times the deposit. That is a separate claim from any argument about the deduction itself. Whether the scheme's free dispute service is open to you depends on that scheme's rules and on the circumstances, so check with the scheme rather than assuming either way.

02There is no check in inventory

The burden is on the landlord to show the deduction is justified. With nothing recorded at the start, there is no baseline to show it against.

Where the wording comes from

The guides this draws from

The law this rests on

The provisions, in their own words

The same record, read by both sides

The dates and the documents in one place, so neither side is working from a separate copy.

If you let a property

Pay per check, no subscription needed.

Start, no card needed

If you rent a home

Free for renters. We do not charge a renter for referencing.

Create your free profile