The tenancy deposit protection scheme adjudicators — DPS (Deposit Protection Service), MyDeposits, and TDS (Tenancy Deposit Scheme) — all apply the same fundamental principle: the burden of proof lies with the landlord. A landlord who seeks to deduct from the deposit must prove, on the balance of probabilities, that the damage or cost is attributable to the tenant's breach of their obligations and is not ordinary fair wear and tear. Without a comprehensive check-in inventory and thorough check-out report (both with photographs), this burden is almost impossible to discharge.
The check-out procedure is also subject to strict timing and communication requirements. A landlord who fails to return the deposit or raise a dispute within the TDS/DPS/MyDeposits timeframes loses the right to deduct — the full deposit must be returned. Understanding the end-to-end process from check-out inspection to adjudication verdict is essential for any landlord who uses a tenancy deposit.
Preparing for check-out — notice, timing, and the check-in inventory
The quality of the check-out process depends entirely on the quality of the check-in inventory that preceded it:
- The check-in inventory as the baseline: A check-out inspection is a comparison against the check-in inventory and schedule of condition. Without a comprehensive, signed check-in inventory — noting the condition and cleanliness of every room, item of furniture, fixture, fitting, and appliance at the start of the tenancy — the landlord has no baseline against which to measure any alleged deterioration. Adjudicators routinely reject deductions where there is no check-in inventory to compare against
- Giving notice of check-out: Landlords should give the tenant at least 24 hours' written notice of the proposed check-out appointment (and ideally longer). The landlord and tenant should agree a convenient time for the check-out inspection, ideally when the tenant has fully vacated and moved their belongings. Carrying out the check-out before the tenant has moved out risks being unable to assess the final condition of the property
- Independent check-out clerk: Where possible, the check-out inspection should be carried out by an independent inventory clerk — a professional who produces an objective, timestamped report. An independent check-out report carries significantly more weight in adjudication than a report prepared by the landlord themselves, which the tenant may allege is biased. The cost of an independent clerk (typically £80-£150) is substantially less than the cost of a disputed deposit deduction
- Tenant attendance at check-out: Tenants should be invited to attend the check-out inspection. A tenant who attends and signs the check-out report is far less able to dispute its findings at adjudication. Where a tenant refuses to attend or cannot be contacted, the check-out should proceed in their absence and the completed report sent to them promptly
The check-out inspection — what to assess
A thorough check-out inspection works through the property room by room against the check-in inventory:
- Cleanliness: Compare the cleanliness of every surface, appliance, and fixture against the check-in inventory standard. A property that was professionally cleaned at the start of the tenancy should be returned in a comparable state — but the adjudicators do not require professional cleaning; they require 'cleaned to the same standard'. Where the check-in inventory records the property was professionally cleaned, the landlord can usually deduct a professional cleaning fee if the property is returned unclean — but only for the actual cost, evidenced by an invoice
- Damage vs fair wear and tear: This is the central issue in most deposit disputes. Fair wear and tear is the natural, gradual deterioration of a property through ordinary use by a tenant — it includes: small scuffs and marks on walls that accumulate over time; fading of soft furnishings from sunlight; worn carpets and flooring where the tenant has walked; scratches on worktops from normal cooking use. Damage is something beyond ordinary use — large holes in walls, stained carpets, broken fixtures, cracked tiles, broken window panes, burned surfaces
- Photographs — timestamped and labelled: Take a minimum of 150-200 photographs for a standard 2-bedroom property check-out. Each photograph should be timestamped (using the phone's metadata or an on-screen timestamp), taken at close range to show the specific issue, and accompanied by a wider-angle contextual photograph. Label each photograph in the check-out report by room and item. Adjudicators cannot examine unmarked photographs and attribute them to specific claims
- Fixtures, fittings, and furniture: Check every item listed in the check-in inventory — furniture, appliances, soft furnishings, light fittings, curtain rails, bathroom accessories. Note items that are missing, damaged beyond fair wear and tear, or not functioning. A check-in inventory that records 6 dining chairs should verify 6 chairs are present at check-out
- Meter readings: Take gas and electricity meter readings at check-out (with photographs of the meters). Provide the readings to the tenant and notify the utility providers to transfer the account out of the tenancy. Failure to record meter readings can lead to disputes over utility arrears that delay the deposit return
- Keys: Count and record the return of all keys provided at the start of the tenancy (front door, back door, window keys, letterbox key, garage key, car park fob). Issue a written receipt for keys returned. Where keys are not returned, the cost of changing the locks is a legitimate deduction
Deposit deductions — what qualifies and evidence requirements
Deposit deductions must be for genuine costs attributable to the tenant's breach, supported by evidence:
- Legitimate deductions: Allowable deductions include: cost of professional cleaning where the property is returned in a worse condition than at check-in (evidenced by invoice); cost of repairing damage beyond fair wear and tear (evidenced by contractor invoice or detailed quote); cost of replacing damaged or missing items (evidenced by replacement invoices, with allowance for age and condition); rent arrears (evidenced by rental ledger); cost of garden clearance (evidenced by invoice or quote); reasonable cost of replacing lost keys or changing locks
- Evidence: quotes and invoices: Deposit adjudicators require evidence of the actual cost or a contractor's quote for deductions. A landlord who claims £500 for cleaning without an invoice will typically have the deduction reduced or rejected. Ideally provide: (1) a contractor's quote obtained promptly after check-out; (2) the contractor's invoice after the work is done; (3) photographic evidence of the condition requiring the work
- Betterment — the adjudicator's deduction: Deposit adjudicators apply a 'betterment' principle — where the landlord replaces an item that already had some age and wear, the deduction is reduced to reflect the remaining useful life of the original item. A carpet described in the check-in inventory as 3 years old at the start of a 2-year tenancy (total 5 years) would typically be considered near the end of its useful life (carpets typically last 7-10 years) — the deduction for replacement would be a fraction of the full replacement cost
- Timing — prompt action after check-out: Landlords should arrange contractor quotes immediately after check-out — ideally within 1-2 weeks. Delay in obtaining quotes suggests the landlord is not genuine about the cost or has allowed further time to pass before assessing the damage. Adjudicators are suspicious of quotes obtained months after check-out
DPS, MyDeposits, and TDS adjudication — the dispute process
Where the landlord and tenant cannot agree on deductions, either party can refer the dispute to the relevant tenancy deposit scheme adjudicator:
- Deposit return deadline: The landlord must return the deposit (or the undisputed portion) within 10 calendar days of the tenancy ending (or within 10 days of both parties agreeing the amounts). Where there is a dispute, the landlord must raise the dispute with the TDS/DPS/MyDeposits within 10 days of the tenant's demand for their deposit. Failure to meet these deadlines may result in the landlord being required to return the full deposit
- Raising a dispute: The landlord (or tenant) raises a dispute by logging in to the relevant TDS/DPS/MyDeposits portal and submitting the dispute with supporting evidence: the check-in inventory, the check-out report, photographs, contractor quotes and invoices, correspondence with the tenant, and a written schedule of proposed deductions. The evidence is submitted digitally and must be clear and well-organised
- The adjudication process: Adjudication is a paper-based process — the adjudicator reviews the evidence submitted by both parties and makes a determination. Most adjudications are completed within 10-15 working days. There is no hearing; adjudicators cannot be questioned. Their decision is final and binding, and the deposit is disbursed accordingly
- Adjudicator's approach: The adjudicator applies the burden of proof to the landlord: the landlord must show that (1) a breach occurred; (2) the breach was beyond fair wear and tear; and (3) the cost claimed is reasonable and evidenced. Where the evidence is inadequate, the adjudicator will reduce or reject the deduction. Common reasons for rejection: no check-in inventory to compare against; photographs do not clearly show the alleged damage; costs claimed are not evidenced by a quote or invoice; claimed cost includes betterment
- Professional cleaning disputes: Professional cleaning is the most frequently disputed deduction. Adjudicators will allow a professional cleaning deduction only where: the check-in inventory records the property was professionally cleaned at the start; the property was returned in a demonstrably lower standard of cleanliness; and the cost is evidenced by an invoice from a cleaning company. A nominal cleaning deduction for general tidying is unlikely to be upheld
Frequently asked questions
What is the deposit return deadline after check-out?+
The landlord must return the deposit (or the undisputed portion) within 10 calendar days of the tenancy ending, or within 10 calendar days of both parties agreeing the amounts to be deducted. Where there is a dispute, the disputed amount is held in the tenancy deposit scheme and the landlord must initiate adjudication promptly. Failure to comply may result in the full deposit being returned to the tenant.
What evidence does a landlord need to deduct from a deposit?+
The landlord must provide: (1) a check-in inventory showing the condition at the start of the tenancy; (2) a check-out report showing the deterioration beyond fair wear and tear; (3) timestamped photographs of the specific damage; and (4) a contractor invoice or detailed quote for the cost of repair, replacement, or cleaning. Without all four, the deduction is likely to be reduced or rejected at adjudication.
What is the difference between fair wear and tear and damage?+
Fair wear and tear is the natural, gradual deterioration of a property through ordinary use — small scuffs on walls, worn carpets in traffic areas, faded soft furnishings. Damage is deterioration beyond ordinary use — holes in walls, stained or burnt carpets, broken fixtures, cracked tiles. Adjudicators apply the fair wear and tear principle strictly: the longer the tenancy, the more deterioration they consider acceptable without deduction.
Can the landlord deduct for professional cleaning?+
Only if the check-in inventory records that the property was professionally cleaned at the start of the tenancy, the property was returned in a demonstrably lower standard of cleanliness, and the deduction is evidenced by a professional cleaning invoice. Adjudicators will not uphold a professional cleaning deduction based solely on the landlord's assertion — a contractor invoice is essential.