Deposit disputes: the repair records that win them
This guide covers England. It's general information, not legal advice. Rules in Scotland, Wales and Northern Ireland are different.
The short version
- Deposits must be protected in a government-backed scheme within 30 days of you receiving them.
- Once you and the tenant agree how much is returned, pay it back within 10 days.
- If you can't agree, the scheme offers a free dispute service and decides based on the evidence.
- The landlord has to prove any deduction, so dated records matter more than anything.
How deposit protection works
In England and Wales, a deposit for an assured shorthold tenancy must go into one of three government-backed schemes within 30 days: the Deposit Protection Service (DPS), mydeposits or the Tenancy Deposit Scheme (TDS). At the end of the tenancy, you return the deposit within 10 days of agreeing the amount with the tenant.
When you can't agree
Each scheme runs a free dispute resolution service. Both sides send their evidence, an adjudicator reviews it, and the decision is final. Both you and the tenant have to agree to use it. The adjudicator won't take your word for it. They look at what you can show.
The evidence that matters
- Check-in inventory: the condition of each room on day one, with photos, ideally signed by the tenant.
- Check-out report: the same rooms at the end, so the two can be compared.
- Repair history: every problem the tenant reported, when they reported it, and what you did about it.
- Messages: anything that shows what the tenant told you and when.
- Invoices and quotes for any cost you want to deduct.
Why repair history makes or breaks a claim
Two situations come up again and again:
"It was already like that"
A tenant says the damage was there before. Your check-in photos and a repair history showing no report of that problem during the tenancy support your case.
"I told you about it months ago"
Mould on a bedroom ceiling caused by a leak the tenant never reported can be their responsibility. If they did report it and nothing happened, it's probably yours. A dated report settles this either way.
Adjudicators also allow for fair wear and tear, meaning normal ageing from everyday use, like slightly worn carpets or faded paint. You can't charge the tenant for that. Clear records help you separate genuine damage from normal wear.
Make it a habit, not a scramble
The time to collect evidence is during the tenancy, not when the tenant hands back the keys. Ask tenants to report every problem in writing with photos, save your replies, and note the date each repair was finished.
UnitCare keeps this for you: each report has the tenant's description, photos, messages and the date it was fixed. On Pro you can print the whole repair history for a property or save it as a PDF to send with a dispute.