Do I need a solicitor for deposit adjudication?

No. The adjudication process is designed for non-lawyers. You present your evidence online through the scheme portal. A well-organised evidence pack with a check-in report, check-out report, and dated photographs is more persuasive than legal argument. Most tenants and landlords handle adjudication without any legal representation.

What if I disagree with the adjudicator's decision?

You can still issue county court proceedings — the adjudication does not bar litigation. In practice, however, courts are reluctant to depart from a reasoned adjudicator's decision without new evidence. If you have evidence not submitted to the adjudicator, the court may consider it afresh.

Can the landlord claim more than the deposit amount through adjudication?

No. Adjudication can only allocate the deposit funds already held by the scheme. If the landlord's losses exceed the deposit, they must pursue the excess in the county court. Adjudication is limited to the deposit pot — it cannot award additional damages.

Adjudication (Deposit Dispute)

By GetRighted Legal Research TeamLast updated July 2026

Summary

Every authorised tenancy deposit scheme in England and Wales — DPS, TDS, and MyDeposits — must by law provide a free alternative dispute resolution service. Housing Act 2004 s.212(1)(e) requires it as a condition of scheme authorisation. Adjudication is not litigation: it is a paper-based process in which an independent adjudicator weighs documentary evidence and issues a binding written decision allocating the deposit between the landlord and tenant. Most disputes are resolved within 28 days. Neither party needs a solicitor. The adjudicator's decision cannot be appealed within the scheme, but either party retains the right to pursue the matter in court.

How deposit adjudication works

Either party can initiate adjudication once a deposit repayment dispute arises. The initiating party submits their evidence through the scheme's online portal. The scheme notifies the other party, who has a set period (typically 14 days) to respond with their own evidence. Both submissions are reviewed by a trained adjudicator — typically someone with a property law or surveying background — who issues a written decision setting out the allocation of the deposit funds. The adjudicator does not visit the property or hold a hearing: the process is entirely documentary.

What adjudicators look for

Adjudicators apply the same legal principles as county courts: the landlord bears the burden of proving both that damage occurred and that the claimed deduction is reasonable. Key evidence types are: a detailed check-in report showing the property's condition at tenancy start; a check-out report showing condition at end; dated photographs; invoices with enough detail to identify what was done; and communications between the parties. Adjudicators routinely reduce cleaning invoices that are not proportionate to the check-in condition, and apply betterment reductions to redecoration and replacement claims.

Adjudication vs county court — which to choose?

Adjudication is free, fast, and requires no legal knowledge. County court is slower, involves filing fees (though recoverable if you win), and creates a formal court record. For most tenants, adjudication is the first and best option. However, if the landlord is claiming above the deposit amount (damages exceeding the deposit), or if there are complex counterclaims, a county court may be more appropriate. You can pursue court after adjudication if dissatisfied — but some judges give weight to scheme decisions.

Building your adjudication evidence pack

✓Check-in inventory or schedule of condition signed at tenancy start — ideally with photographs.
✓Check-out report from tenancy end — signed, dated, and ideally from an independent inventory clerk.
✓Photographs with timestamps showing the condition of every room at both check-in and check-out.
✓The tenancy agreement, specifically any clauses about cleaning obligations.
✓Your written response challenging each deduction line by line, with reference to specific evidence.

The adjudicator's decision and its limits

The adjudicator's decision is binding on both parties within the scheme — the scheme pays out in accordance with the decision. Neither party can ask for the decision to be reconsidered within the scheme (though TDS, for example, has a procedural review process for technical errors). The decision does not create a legal precedent and is not a court judgment. Either party can still issue county court proceedings for amounts not covered by the deposit (e.g., a landlord claiming rent arrears above the deposit, or a tenant claiming a s.214 penalty).

Sources

Housing Act 2004, s.212(1)(e)
Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797)

Frequently Asked Questions

Do I need a solicitor for deposit adjudication?: No. The adjudication process is designed for non-lawyers. You present your evidence online through the scheme portal. A well-organised evidence pack with a check-in report, check-out report, and dated photographs is more persuasive than legal argument. Most tenants and landlords handle adjudication without any legal representation.
What if I disagree with the adjudicator's decision?: You can still issue county court proceedings — the adjudication does not bar litigation. In practice, however, courts are reluctant to depart from a reasoned adjudicator's decision without new evidence. If you have evidence not submitted to the adjudicator, the court may consider it afresh.
Can the landlord claim more than the deposit amount through adjudication?: No. Adjudication can only allocate the deposit funds already held by the scheme. If the landlord's losses exceed the deposit, they must pursue the excess in the county court. Adjudication is limited to the deposit pot — it cannot award additional damages.

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