All tenancy deposits in England must be protected in a government-authorised scheme within 30 days of receipt: the Tenancy Deposit Scheme (TDS), Deposit Protection Service (DPS), or mydeposits. If the tenant and landlord cannot agree on how the deposit is split at the end of a tenancy, either party can raise a formal dispute and request free adjudication.
Adjudication is not a court process — it is a paper-based review of the evidence by a trained adjudicator. The adjudicator's decision is final and binding. The process typically takes 30 working days. Landlords who have not prepared a proper evidence pack before the tenancy ends are at a significant disadvantage.
How the dispute process works
The deposit dispute process follows a standard sequence regardless of which scheme holds the deposit:
- End-of-tenancy deduction proposal: The landlord proposes deductions and shares a breakdown with the tenant. The tenant has the right to agree, negotiate, or dispute
- Raising the dispute: Either party can raise a dispute with the scheme. The scheme holds the disputed amount until the adjudicator decides
- Evidence submission: Both parties submit their evidence pack. Most schemes allow 10–14 calendar days. Evidence submitted after the deadline is typically not considered
- Adjudication: A trained adjudicator reviews both evidence packs and makes a decision, usually within 30 working days of the dispute being raised
- Payment: The scheme pays out in accordance with the adjudicator's decision. The decision cannot be appealed internally — challenges must go to court
- The adjudication service is free to both parties. Schemes also offer an alternative dispute resolution (ADR) service where a mediator tries to help both parties reach agreement before formal adjudication
What adjudicators look for
Adjudicators assess claims on the balance of probabilities. They are looking for evidence that:
- The property condition at check-in: A detailed, signed check-in inventory with dated photographs is the foundation of any successful deduction claim
- The property condition at check-out: A professional check-out report, or landlord/agent inspection notes with dated photographs, showing the specific damage or missing items
- Causation: The damage or deficiency must be attributable to the tenant (not pre-existing damage, fair wear and tear, or landlord's own works)
- Proportionality: The claimed amount must be proportionate — adjudicators apply a betterment deduction for the age and condition of items being replaced
- Documentary evidence: Invoices, quotes, receipts, and contractor notes. Estimates alone carry less weight than actual invoices for completed work
- Adjudicators are not surveyors — they work entirely from the documents and photographs submitted. Clear, chronological, labelled evidence always outperforms disorganised submissions
Building a winning evidence pack
A strong evidence pack for deposit dispute adjudication contains:
- The tenancy agreement: Including any addenda or special clauses relating to cleaning, pets, or specific obligations
- Check-in inventory and report: Dated, signed by the tenant, with photographs keyed to each room and item. A professionally produced inventory carries more weight than a landlord-produced one
- Check-out report: Dated, with photographs showing the specific damage or deficiency. The same rooms and items should be photographed at the same angles as check-in for direct comparison
- Correspondence with the tenant: Any notices, emails, or messages about the damage or cleaning requirements during or after the tenancy
- Invoices or receipts for remediation work: Itemised invoices from tradespeople showing the work carried out and cost. VAT receipts where applicable
- Quotes where work has not yet been done: Two or three independent quotes are stronger than one. Note that some schemes will only award based on actual expenditure
- Evidence of fair wear and tear applied: If you are claiming for partial replacement (e.g., 5-year-old carpet damaged beyond wear), show your betterment calculation explicitly
- Submit evidence in a logical order. An adjudicator reviewing 100+ pages of unorganised photographs will award far less than one reviewing a clear room-by-room comparison
Fair wear and tear — the key principle
Adjudicators always apply the fair wear and tear principle. Landlords cannot deduct for:
- Normal fading, scuffing, or light marking that occurs through ordinary everyday use
- Carpet wear in high-traffic areas over a standard tenancy period
- Minor scuffs on walls or doors from normal use
- Gradual deterioration of paintwork, fixtures, or fittings over time
- Items that were already at or near end of their serviceable life at check-in
- The test is: would this damage or deficiency have occurred through ordinary use by a reasonable tenant? If yes, it is fair wear and tear. Adjudicators apply this strictly — vague claims for 'cleaning' or 'redecoration' without specific evidence of tenant-caused damage routinely fail
Cleaning disputes — the most common claim
Cleaning is the most frequently disputed deduction. To succeed:
- The check-in inventory must confirm the property was handed over in a professionally cleaned condition (ideally with a cleaning invoice)
- The check-out inspection must confirm the property was returned in a materially lower state of cleanliness, with photographs and specific notes
- If you obtained a professional clean at the end of the tenancy, submit the itemised invoice as evidence of the cost
- Adjudicators will reduce or reject cleaning claims where the check-in evidence does not confirm a professional clean standard at the start
- Many tenancy agreements include an 'end-of-tenancy professional clean' clause — while such clauses are not automatically enforceable, they provide useful evidence of the agreed standard
Betterment — how adjudicators reduce awards
Betterment is the concept that a landlord should not profit from a deposit claim by receiving a new item paid for by the tenant when the original was already aged:
- A 5-year-old carpet with a 10-year lifespan that is destroyed by the tenant might be awarded 50% of replacement cost, not 100%
- A 3-year-old sofa in a furnished letting with a 10-year expected life might attract a 30% betterment deduction
- Items at end of their expected life attract no award — if they needed replacing anyway, there is no loss
- Adjudicators use published depreciation tables (many schemes publish their own guidance). Calculate betterment before submitting your claim and show your workings
- Applying betterment proactively in your evidence pack shows the adjudicator you understand the principles — over-claiming and having it reduced is worse for credibility
Scheme-specific process differences
Each of the three authorised schemes has slightly different processes:
- TDS (Tenancy Deposit Scheme): Operates both custodial (TDS Custodial) and insurance-backed (TDS Insured) schemes. Disputes are submitted via the TDS portal. The landlord and tenant each receive an email inviting evidence submission, with a 14-day window
- DPS (Deposit Protection Service): Operates custodial and insured schemes. The party raising the dispute receives instructions first; the responding party has 14 calendar days to submit their evidence via the DPS online portal
- mydeposits: Insurance-backed and custodial options. The portal-based dispute process is similar to TDS and DPS. mydeposits also offers a statutory declaration route for non-responsive tenants
- In all three schemes, the disputed amount is ring-fenced and held by the scheme until the adjudicator decides. The undisputed portion can be released to either party immediately
Frequently asked questions
What happens if the tenant doesn't respond to the deposit dispute?+
If the tenant fails to respond within the scheme's deadline (typically 14 days), the adjudicator will decide based on the landlord's evidence alone. In most cases the landlord's claim will be awarded in full if the evidence is sound. Some schemes require the landlord to make a statutory declaration before proceeding without tenant input.
Can I take a tenant to court instead of using adjudication?+
Yes. You can bypass the scheme's adjudication process and take the claim to the county court (small claims track for amounts up to £10,000). However, adjudication is free, faster, and usually sufficient. Court action is generally only preferable if the deposit does not cover your full loss and you want to claim additional damages beyond the deposit amount.
What if I disagree with the adjudicator's decision?+
The adjudicator's decision is final within the scheme — there is no internal appeal process. If you believe the decision was made on an error of law or the adjudicator failed to consider material evidence, you can apply to the county court to challenge it, but this is rarely successful and costly. Prevention (thorough evidence) is far better than cure.
How long does deposit adjudication take?+
Most schemes aim to complete adjudication within 28–30 working days of receiving both parties' evidence. Complex cases with large volumes of evidence may take longer. The process is faster than court proceedings, which can take 3–6 months on the small claims track.