Tenancy deposit adjudication: how it works

Your landlord might try to take money from your deposit when your tenancy ends. If you do not agree, you can ask the deposit protection scheme to step in. They will look at the case and decide if the deductions are fair. This is called adjudication. Here is how it works and what to expect.

What is tenancy deposit adjudication?

The deposit protection scheme picks an independent person to look at your case. This person is called an adjudicator. They read the evidence from both sides. Then they decide how the deposit should be split.

There are three deposit protection schemes approved by the government. They are the Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS). All three offer an adjudication service for deposit deductions you do not agree with. This service is free.

When can I use adjudication?

You can use adjudication when:

• Your tenancy has ended
• The landlord wants to take money from your deposit and you do not agree
• You and the landlord cannot agree about the deductions

First, the scheme should ask both sides to try to agree. If you still cannot agree, either side can ask for adjudication.

What does adjudication involve?

You and the landlord both send your evidence to the scheme. The adjudicator looks at the evidence on their own and makes a decision. There is usually no meeting and no hearing. It is all done on paper.

The adjudicator will look at:

• The inventory or check-in report (if there is one)
• The check-out report
• Photos from the start and end of the tenancy
• Receipts or quotes for any work the landlord says they did
• Letters and messages between you and the landlord

What evidence do I need?

Good evidence for a tenant includes:

• An inventory from the start of the tenancy that shows the state of the home
• Photos you took when you moved in and when you moved out
• Any letters or messages with the landlord during the tenancy about the items in dispute
• Receipts for any cleaning or repairs you did before you left

What if you have no check-in inventory? Then it is much harder for the landlord to show that the damage happened during your tenancy. You can make this point when you send in your evidence.

What can the adjudicator decide?

The adjudicator can:

• Give the full deposit back to the tenant
• Allow some or all of the landlord's deductions
• Split the deposit between both sides in a way they think is fair

The adjudicator cannot give back more than the deposit is worth. Their decision is binding on both sides within the scheme. This means you both have to accept it. If you do not agree with the result, your only other option is to go to court.

How long does adjudication take?

Most cases are finished within 28 days of the evidence deadline. It can be faster or slower. This depends on the scheme and how hard the case is.

What if the landlord does not cooperate?

The landlord might not reply to the scheme or might not send any evidence. If that happens, the adjudicator will decide using the evidence they have. This often means the deposit goes back to the tenant in full.

When should I contact Support for Tenants?

Deposit disputes are dealt with on their own, away from housing disrepair claims. We help with disrepair claims. Maybe your home had disrepair during your tenancy. These are problems your landlord did not fix. If so, 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