Skip to main content

Disclaimer: This is not legal advice. Legislation and case law change. Always consult a qualified solicitor for your specific situation.

UK Law Reference
โ† All Checklists
evidence
Housing Law
Updated 2026-04-09

Evidence Checklist for a Tenancy Deposit Dispute

Documents to gather when your landlord has failed to return your deposit or made unfair deductions.

Overview

Landlords who make deductions from a tenancy deposit must justify each one. The burden is generally on the landlord to prove damage beyond fair wear and tear. A well-documented evidence bundle โ€” particularly a detailed check-in and check-out inventory โ€” puts you in a strong position in the deposit scheme's Alternative Dispute Resolution (ADR) process or in court.

0 of 13 items checked

Tenancy Documents

Signed tenancy agreement (AST)(Essential)

Deposit protection certificate and prescribed information(Essential)

Your landlord must have protected the deposit within 30 days of receiving it (Housing Act 2004, s.213)

Any written tenancy renewals or extensions

Tenancy check-in inventory (signed by both parties)(Essential)

This is your most important document โ€” it establishes the baseline condition

Tenancy check-out inventory or report(Essential)

Photographic Evidence

Timestamped photographs taken on move-in day(Essential)

Cover every room, noting any pre-existing damage

Timestamped photographs taken on move-out day(Essential)

Photos of any repairs you carried out during the tenancy

Photos showing general cleanliness on departure

Communication Trail

All emails and letters about repairs, deposit deductions, or disputes(Essential)

Any receipts for professional cleaning or repairs you arranged

Undercuts any landlord claim you left the property dirty or damaged

Evidence of deposit scheme used (DPS, MyDeposits, or TDS)(Essential)

Record of when you requested the deposit back and the landlord's response(Essential)

Related Guides

Related Rights

Frequently asked questions

Who has to prove that damage was not fair wear and tear?
The burden of proof generally rests with the landlord to justify any deductions. They must demonstrate that the damage claimed exceeds fair wear and tear. Providing a well-documented evidence bundle, particularly a detailed check-in and check-out inventory, strengthens your position during the deposit scheme's Alternative Dispute Resolution process or in court proceedings.
What documents should I collect for my tenancy deposit dispute?
You should gather your signed tenancy agreement, the deposit protection certificate, and any written renewals. Crucially, collect the signed check-in inventory, which establishes the property's baseline condition, along with the check-out report. You should also keep all emails and letters regarding repairs or deductions, plus receipts for any professional cleaning or repairs you arranged during the tenancy.
Why is the check-in inventory so important?
The check-in inventory is considered the most important document because it establishes the baseline condition of the property when you moved in. This allows you to compare the property's state at the end of the tenancy against its initial condition, helping to prove whether any damage occurred during your occupancy or existed beforehand.
What kind of photos should I take to support my case?
You should take timestamped photographs on both your move-in and move-out days. On move-in, cover every room and note any pre-existing damage. On move-out, include photos showing the general cleanliness of the property and any repairs you carried out. This visual evidence helps counter any landlord claims that you left the property dirty or damaged.