Tenancy deposit adjudication: how it works

If your landlord tries to make deductions from your deposit at the end of a tenancy and you disagree, you can ask the deposit protection scheme to adjudicate, to make a decision about whether the deductions are justified. Here is how adjudication works and what to expect.

What is tenancy deposit adjudication?

Adjudication is the process by which an independent adjudicator (appointed by the deposit protection scheme) reviews the evidence from both sides and makes a decision about how the deposit should be divided.

All three government-approved deposit protection schemes, Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS), offer a free adjudication service for disputed deductions.

When can I use adjudication?

You can use adjudication when:

• Your tenancy has ended
• The landlord is proposing deductions from your deposit that you disagree with
• You and the landlord cannot reach an agreement about the deductions

Before adjudication, the scheme should ask both sides to try to agree. If that fails, either party can request adjudication.

What does adjudication involve?

Both the tenant and the landlord submit their evidence to the scheme. The adjudicator reviews the evidence independently and makes a decision. There is usually no face-to-face meeting or hearing, it is a paper-based process.

The adjudicator will consider:

• The inventory or check-in report (if there is one)
• The check-out report
• Photographs from the start and end of the tenancy
• Receipts or estimates for any works the landlord claims to have carried out
• Correspondence between the parties

What evidence do I need?

Strong evidence for a tenant includes:

• An inventory from the start of the tenancy showing the condition of the property
• Photographs taken when you moved in and when you moved out
• Any correspondence with the landlord during the tenancy about the items being disputed
• Receipts for cleaning or repairs you carried out before leaving

If you have no check-in inventory, it is much harder for the landlord to show that any damage was caused during your tenancy, you can make this point in your submission.

What can the adjudicator decide?

The adjudicator can:

• Award the full deposit back to the tenant
• Allow some or all of the landlord's deductions
• Split the deposit between the two parties in proportions they consider fair

The adjudicator cannot award more than the value of the deposit, and their decision is binding on both parties (within the scheme). If you disagree with the outcome, your only remaining option is court proceedings.

How long does adjudication take?

Most adjudications are completed within 28 days of the evidence deadline. The process can be faster or slower depending on the scheme and the complexity of the case.

What if the landlord does not cooperate?

If the landlord fails to respond to the scheme's requests or does not submit evidence, the adjudicator will make a decision on the evidence available. This often results in the deposit being returned in full to the tenant.

When should I contact Support for Tenants?

Deposit disputes are handled separately from housing disrepair claims. We help with disrepair claims. If your home had disrepair during your tenancy, problems your landlord did not fix, you may have a separate claim for compensation.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 2004 (legislation.gov.uk)
• Tenant Fees Act 2019 (legislation.gov.uk)

Related articles

• Free housing legal advice in England, where to get it
• How to report disrepair to your landlord