What does a deposit adjudicator look for?

Who decides a deposit dispute?

An adjudicator: an independent, impartial expert employed or contracted by the scheme, who must be appropriately qualified (Guide to Deposits, Disputes and Damages). DPS describes its adjudicators as “legally trained specialists” (DPS). Nobody meets them, and they don’t visit the property: they decide on the documents each side sends.

All three schemes apply the same framework. DPS says that, as a result, another scheme would be likely to reach the same outcome on the same evidence (DPS).

Who has to prove what?

The landlord. The deposit stays the tenant’s money until you prove you’re entitled to keep some of it, so “the onus is on them to prove they have a legitimate claim… whilst the tenant has no obligation to prove their position” (Guide to Deposits, Disputes and Damages). DPS stresses that this is a legal requirement, not its own policy (DPS). Where a tenant argues a point of their own, the burden is on them to prove it (TDS).

The standard is the balance of probabilities: more likely than not, not beyond reasonable doubt. You need to show two things: that the tenant broke their obligations, and that you have suffered, or are likely to suffer, a loss as a result. A breach on its own isn’t enough. In one mydeposits case the adjudicator noted that even with a breach, “the evidence must show that that the breach has resulted in damage to the property, incurring a loss” (mydeposits).

A clause in the tenancy agreement isn’t evidence by itself either: TDS won’t make an award solely because the agreement placed an obligation on the tenant (TDS). And an admission from the tenant helps, but doesn’t replace evidence of the breach and the loss.

What questions does the adjudicator ask?

TDS sets out the order its adjudicators work through for each part of a claim (TDS):

1. What is the claim for?
2. What were the tenant’s obligations?
3. Did they fail to meet them?
4. What loss followed, after allowing for fair wear and tear?
5. What evidence shows the amount of that loss?

A claim set out in the same order, one deduction at a time, is easier to follow. Our post on writing your landlord statement shows how.

What evidence carries the most weight?

The tenancy agreement. Without it, a claim is “almost certain to be rejected” (Guide to Deposits, Disputes and Damages).

Check-in and check-out reports. They are usually essential. The strongest are made by an independent clerk, with clear dated photos, and signed by the tenant. If you made the report yourself, show the tenant saw it and could comment: TDS says that if an adjudicator has any doubt the tenant saw and agreed a report, “they will assume that they have not!” (TDS). Use the same format and wording at the end as at the start, so the two compare item by item.

What the check-in doesn’t describe can’t be assumed. TDS won’t treat an item or the decoration as in good condition just because the report is silent about it (TDS). Vague words such as “fair” and “ok” don’t help either.

Photos and video. Before and after pairs, dated, clear, and explained, with the relevant part pointed out. TDS asks for each photo to be numbered and labelled with its date, time, room and what it shows, and for timestamps in a video (TDS). Photos support the written report; they don’t replace it, and they can’t show a smell (TDS).

Correspondence. Messages that show when a repair was reported, what was agreed or what the tenant admitted. DPS accepts screenshots of WhatsApp and text messages (DPS). Send only what helps: TDS warns that long email chains bury the important evidence.

Witnesses and specialists. Statements can be sent, but the adjudicator won’t contact witnesses, question them or take evidence under oath. An impartial witness such as a neighbour or the new tenant counts for more than friends and family. A contractor’s or surveyor’s report can help on causes, such as mould or a broken appliance, though the adjudicator isn’t bound to follow it.

Opinions about the tenant’s character, suspicions and unsupported allegations aren’t usually taken into account (TDS).

What evidence of cost do adjudicators expect?

• Invoices count for more than quotes, but quotes still count, and the work doesn’t have to be done before you claim. Itemise them, with a breakdown for each type of work (Guide to Deposits, Disputes and Damages).
• No evidence of cost means an estimate. Without quotes or invoices, adjudicators may work out the cost from their own research, which can mean a lower award (DPS).
• A vague, high invoice may be reduced. TDS isn’t bound by an invoice that isn’t detailed and looks too high (TDS).
• Your own time. Generally you can’t claim for your time and inconvenience, but a proportionate claim backed by comparable costs may be considered, and you can do work such as cleaning yourself and claim it, if it costs no more than a contractor would.
• Labour isn’t worn out by time. In one mydeposits case, the adjudicator awarded the full call-out and labour for a repair, and applied wear and tear to the part only (mydeposits).

How is the amount worked out?

The adjudicator chooses the remedy that fits: replacement only if an item is beyond economic repair or can’t be used; otherwise repair or cleaning, or compensation where the item lost value or life (Guide to Deposits, Disputes and Damages). The deposit isn’t insurance, and nothing is paid “new for old”.

Fair wear and tear is allowed for, weighing the length of the tenancy, the number and age of the people who lived there, and the quality and condition of the item at the start. Then the cost is shared by age. The schemes’ own example: a £500 item, 2 years old, expected to last 5 years. It had 3 of its 5 years left, so the tenant pays £300 (Guide to Deposits, Disputes and Damages). Without evidence of an item’s quality, TDS assumes it was medium quality. Our guide to fair wear and tear has each scheme’s lifespans, and our post on apportioning deductions works through more examples.

Missing items are valued at what they’d be worth second-hand at the end of the tenancy, not new (TDS).

Why do landlords’ claims fail?

TDS’s summary is direct: when the deposit goes back to the tenant, it’s “primarily because the landlord has not provided a strong enough case to keep it” (TDS). The schemes list the same mistakes again and again (TDS; mydeposits; mydeposits):

• no check-in report, or one that can’t be compared with the check-out
• no allowance for the age of an item, or a claim for the full cost of a new one
• a check-in done before the pre-tenancy clean, or a check-out after the end-of-tenancy clean
• invoices too general to show what was done and why it was the tenant’s responsibility
• “see enclosed estimates” instead of an explained claim
• too much evidence, or evidence that doesn’t relate to the claim
• a claim that doesn’t match its evidence, such as cleaning claimed with an invoice for repairs

Reports that can’t be trusted can sink a whole claim. In one mydeposits case, the check-in report was dated a year before the tenancy, with no proof the tenants had received it and undated photos: of £800 in dispute, the landlord was awarded £60, for items the tenant had admitted (mydeposits).

Does this apply in Wales?

Yes: the schemes adjudicate the same way in England and Wales. The law around deposits differs, though, and our other guides describe England. In Wales, deposits fall under the Renting Homes (Wales) Act 2016.