How to Claim Deductions from a Deposit (and Win ADR)

How to evidence and claim deductions from a tenancy deposit in England — inventory standards, fair wear and tear, and the Alternative Dispute Resolution process.

Summary

ADR adjudicators decide deposit disputes on evidence, not opinions. Dated check-in/check-out inventories, time-stamped photos, contractor quotes and a clear deductions schedule are what wins.

Quick answer

To claim from a protected deposit you need evidence, not assertions: a dated check-in and check-out inventory, time-stamped photographs, contractor quotes or invoices, and an itemised deduction schedule sent to the tenant in writing. Fair wear and tear cannot be deducted. If the tenant disputes it, use the scheme's free adjudication.

Introduction

Most landlords lose ADR not because their claim is unreasonable, but because their evidence is thin. Here's how to present a deposit claim that holds up at the Deposit Protection Service, Tenancy Deposit Scheme or mydeposits Alternative Dispute Resolution.

Steps

1. Pull the dated, signed check-in inventory — Your starting evidence is the check-in inventory. If it isn't dated, signed by both parties, and supported by photos, you'll struggle to prove condition on move-in. Always do inventories with date-stamped photos going forward.

2. Complete the check-out inventory the same way — Walk the property at check-out with the same inventory format. Photograph every room from the same angles. Note each change against the check-in entry — and mark which are 'fair wear and tear' vs 'damage'.

3. Apply fair wear and tear correctly — Adjudicators apply fair wear and tear based on the length of tenancy and original condition. Paintwork after 5 years cannot be charged at 100%. Carpets have a useful life of 7–10 years — pro-rate accordingly. Don't claim 'new for old'.

4. Get itemised quotes (not estimates) — Get a written quote from a reputable trade — itemised by labour and materials. A quote from an actual VAT-registered tradesperson beats an internal estimate every time. Where you've done the work yourself, charge a reasonable trade rate, not retail.

5. Send a written deductions schedule to the tenant — Within 10 working days, send: a one-page deductions schedule (item, amount, evidence reference), the check-in and check-out comparisons, all photos, the quotes/invoices, and the breakdown of any returned amount. Offer the tenant 5–10 days to agree or refer to ADR.

6. Refer disputed amounts to ADR — If the tenant disputes, submit the same evidence pack to the scheme's free ADR. Don't add new items, don't argue character — present the timeline, the evidence, and the apportionment. Decisions usually arrive within 28 days.

Common pitfalls

• No check-in inventory, or no date/signature/photos — you'll lose almost any disputed claim.
• Claiming 'new for old' — adjudicators only allow betterment-adjusted figures.
• Inflating contractor figures without a real quote.
• Missing the 10-day deductions deadline — undermines your evidence of a reasonable timeline.

FAQ

Can I deduct for end-of-tenancy cleaning? Only if the property was professionally cleaned at check-in (with receipt) and the tenant has returned it in materially worse condition. Adjudicators generally do not allow a flat 'professional clean' deduction.

How long does deposit ADR take? Typically 28 days from submission to decision once both parties have submitted evidence. The adjudicator's decision is binding on both parties.

Can I refuse ADR and go straight to court? ADR is voluntary — but if you reject it without good reason, the court is likely to dock costs. ADR is free; court is not. Use ADR unless the dispute is fundamental and you have very strong reasons.

References: - DPS — Adjudication — https://www.depositprotection.com/ - TDS — Tenancy Deposit Scheme — https://www.tenancydepositscheme.com/