Evidence for deposit disputes: what you need and how to prepare it

Quality evidence is most important when discussing deposit returns at the end of the tenancy. Both landlords and tenants will need good evidence to support their claims. At the formal resolution stage, impartial adjudicators rely entirely on this evidence to make their decisions, meaning good preparation significantly improves your chances of a fairer decision.

The new Renters’ Rights Act, from 1 May 2026, gives tenants open ended tenancies, longer notice periods, and other changes, including making it easier for tenants to have pets and longer notice periods for ending tenancies. While this impacts the general rental market, the resolution process will remain the same.

Why does evidence matter in deposit disputes

When a tenancy ends, and a disagreement arises over which costs the landlord proposes to withhold from the deposit, evidence becomes the foundation of the negotiation and resolution process. Legally, the deposit money belongs to the tenant until the landlord provides evidence that they are justified in keeping any part of it. 

An adjudicator from the tenancy deposit scheme will not visit the property or interview the parties involved, and insufficient evidence will result in the deposit being returned to the tenant.

Equally, tenants must be able to explain why they are challenging the amounts proposed by the landlord and providing good evidence to support their position will be taken into account.

What evidence is needed for a deposit dispute?

To build a strong case, you need to provide documents that clearly show the condition of the property at the start and the end of the tenancy. Knowing what evidence is needed for deposit dispute resolution helps you prepare correctly.

A comprehensive evidence file should include:

• inventory reports from the start of the tenancy, signed by tenant(s)
• check in and check out reports
• date stamped photos and videos (if separate to the check in and check out reports) 
• paid invoices, receipts, and contractor quotes (with details of what is being done)
• records of all written communication between both parties
• a signed copy of the tenancy agreement

Inventory reports explained

An inventory is a detailed, written record of the property’s condition and its contents ready for the tenant to move in. A good inventory acts as a starting point on which the tenancy builds as it lists the standard of cleaning, any existing damage, and specific condition of every room, fixture, and fitting. For it to carry maximum weight, the inventory should be signed by both the landlord and the tenant. At the very least there must be evidence that the tenant was sent the inventory and was given between seven and ten days to make any additional comments.

For detailed best practices on creating these documents, review Inventories – the complete guide.

Check in and check out reports

Check in and check out report evidence is essential because it allows the adjudicator to directly compare the property condition at the start and end of the tenancy.

The check in report is commonly sent to the tenant on the day they collect the keys, and move in, with a week or so to check the report and advise of any discrepancies. The check out report is usually completed within two days after the tenant moves out. By placing these two documents side by side, an adjudicator can see exactly what has changed during the tenancy.

The timing is crucial. The check out inspection should happen as near as possible to the property being left empty and the keys returned. If a landlord waits much longer to conduct the final inspection, the tenant could argue that damage occurred after they moved out, weakening the claim.

Using photos and videos as evidence

Visual proof is highly persuasive, but it must be good quality to be effective. When considering photos for negotiation or formal resolution, follow these best practices:

• Use timestamps: Always make sure your camera adds a visible date and time stamp to the image if you are taking photographs separate to the check in or check out reports. This proves exactly when the photos were taken and they should be shared with the other party
• Show context: Do not just take a close up picture of a scratch on a wall. Take a wide shot of the whole wall to show context, followed by a close up of the specific issue.You can use markers to show the extent such as a ruler or a foot!
• Check for clarity: Take photos in natural daylight where possible. Blurry, dark, or out of focus images will not help your case

For more help on leaving a property in good condition, refer to ‘A tenant’s guide to moving out’.

Invoices, receipts and contractor quotes

If a landlord is proposing a settlement for cleaning, repairs, redecoration or replacement items, they must show the cost is reasonable and proportionate for the extent of the deterioration caused by the tenant.  

Adjudicators will look at the evidence to see if there is a clear breakdown of the work. The evidence should detail the cost of materials and labour. A job sheet or email asking for specific work will also support the final amount claimed. Whether the landlord provides an estimate for future work or an invoice for completed work, both are considered equally by an adjudicator.

If the tenant is found responsible, the landlord will receive an award. It is then up to the landlord to decide whether to carry out the work. The check in report for the next tenancy should record any deterioration that has not been rectified.

Communication records

A clear audit trail of your conversations can impact the decision. An example is whether issues were reported promptly (a leaking washing machine) and how quickly any action was taken to resolve the problem. Any resulting damage and responsibility for costs may depend on any delays from the tenant’s side or the landlord’s in sorting the repairs.

Keep a record of:

• emails discussing maintenance issues or property condition
• text messages or WhatsApp logs relating to access and/or repairs
• written agreements where a landlord permitted a tenant to redecorate or keep a pet
• the list of amounts your landlord wished to make from the deposit at the end of the tenancy which led to the resolution services being needed

How adjudicators assess evidence

Understanding how a professional views your documents can help you when the tenancy ends and you need to discuss any amount the landlord is looking to withhold from your deposit. It will also help adjudicators to consider the evidence based on four principles:

• Consistency: Do the check in report, including photographs, check out report, communications and invoices all tell a solid story?
• Credibility: Are the documents clear and have the landlord and tenant seen them all? Is the inventory independent and do any estimates or invoices seem reasonable in the circumstances?
• Completeness: is any evidence missing that would help support an amount the landlord wants to withhold? Incomplete evidence weakens a claim
• Relevance: Does the evidence directly relate to the specific issue that requires resolution?

They also factor in normal property ageing. You can read more about this in our ‘Fair wear and tear – what is it and how is it applied?‘ guide.

Common evidence mistakes to avoid

Many disputes are lost simply due to poor preparation. Avoid these common errors:

• Missing inventories: With no check in inventory, there would be little supporting evidence for a landlord to use when proposing a settlement
• Poor quality photos: If these are separate from the check in and check out reports, they should be clear, time stamped and of good quality, and shared with the other party. Dark, blurry images without dates will constitute poor evidence
• Inconsistent claims: Claiming for cleaning but the invoice refers to repairs and redecoration
• No written communication: Relying on what was said in a telephone conversation and not following it up to confirm what was said is then very hard to prove

Evidence checklist for tenants

Before you move out or respond to a tenancy deposit scheme’s request for evidence, make sure you have:

• your signed copy of the tenancy agreement
• the original check in inventory which you have checked
• a log of emails and messages reporting any maintenance issues or other discussions
• copies of invoices for any work you have carried out, if applicable
• clear, date stamped photos of every room on the day you leave
• your written response to the landlord outlining why you disagree with their proposals

For more help, see our tenant evidence checklist.

Evidence checklist for landlords

To have the best chance of making successful proposals for withholding any part of the tenant’s deposit, make sure you have:

• the signed tenancy agreement highlighting the relevant clauses
• a comprehensive, signed check in inventory
• a detailed check out report highlighting the differences during the tenancy.
• date stamped photos comparing the start and end of the tenancy (if separate to the check in and check out reports).
• contractors invoices or estimates with any advice and detail of what work needs doing
• Written evidence of any communications with the tenant at any time during the tenancy and any attempts to negotiate directly with the tenant once the tenancy has ended

You can explore detailed scenarios in the ‘Deposits, resolution and damages guide‘.

How to organise your evidence for a dispute

When providing your evidence to the tenancy deposit scheme for a formal resolution through an online portal, clarity is key. Keep the evidence relevant to the issues you want reviewed. Avoid uploading a large bulk of evidence. If any document or file is particularly large, try and highlight where the relevant evidence can be found.

In simple terms, be organised and provide the evidence logically:

• Chronological order: Arrange communication records by date so the adjudicator can follow the timeline of events
• Clear labelling: Name your files clearly. For example, use file names like “Check-in-Inventory-Signed.pdf” or “Living-Room-Carpet-Check-out-Photo.jpg”
• Supporting documents: Group evidence by claim. If you are claiming for oven cleaning, highlight where the relevant photos are in the check in and check out reports with the cleaning invoice/estimate

For practical presentation tips, review ‘Getting evidence ready for negotiation or resolution‘ guide.

Preparation is the key to resolving any end of tenancy disagreement smoothly. If you have all your documents and need to begin the formal resolution process, make sure your files are clearly labelled and ready to upload.

As a mydeposits member, you have access to our award winning, free to use dispute resolution service. If you need to raise a dispute, our expert team is ready to guide you through the process and help you reach a fair outcome. Start your dispute process here: https://www.mydeposits.co.uk/dispute-process/

This is general information, not legal advice.

Protect your deposit with mydeposits

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