Deposit Deductions: Evidence Beats Argument

Protection schemes

Many jurisdictions require deposits to be held in a protection scheme, with information provided to the tenant within a defined period.

Failure to protect can carry penalties for the landlord and affect their ability to end the tenancy.

Schemes provide free dispute resolution, which is usually quicker and cheaper than any alternative.

At the start

Insist on a written inventory and check it thoroughly rather than signing it unread.

Photograph and video everything, particularly existing damage, marks, appliance condition and meter readings, with dates.

Note anything the inventory omits, in writing, and send it to the landlord or agent so there is a record.

Keep this material for the whole tenancy. It is the entire basis of any later dispute.

Fair wear and tear

Deterioration from normal use over the tenancy is not damage and cannot be charged for.

Carpet wear in walkways, minor scuffs on walls, and fading are ordinarily wear and tear.

Burns, stains, holes and breakages are damage.

Landlords cannot charge for betterment — replacing a worn item with a new one at your expense — and any deduction should reflect the remaining life of the item.

At the end

Clean to the standard the property was in at the start, and document it.

Take the same photographs from the same angles, plus final meter readings.

Attend the check-out inspection if possible, and raise disagreements there.

Provide a forwarding address in writing.

If deductions are proposed

Ask for an itemised breakdown with evidence and invoices or quotations.

Respond in writing, agreeing what is fair and disputing what is not, with your own evidence.

Use the scheme's dispute service if agreement is not reached. It is free to tenants and decisions are based on the documentary evidence.

The undisputed portion should be returned promptly regardless of the dispute over the remainder.