What if I don't have a check-in report?

If no check-in report was provided, this significantly weakens the landlord's deduction claims — adjudicators routinely note that without a baseline, deductions cannot be substantiated. Your contemporaneous photographs from move-in day are your best alternative. Submit them alongside a statement of the property's condition when you arrived.

Can I submit WhatsApp messages as evidence?

Yes — WhatsApp messages and text messages are admissible evidence in adjudication and court proceedings. Screenshot the relevant exchanges and submit them as part of your evidence pack, with a brief description of the context. Messages showing the landlord acknowledged an issue at the start of the tenancy, or agreed not to charge for a particular item, are particularly useful.

Is there a deadline for submitting evidence to the adjudicator?

Yes — each scheme sets a deadline after the dispute is initiated, typically 14 days for the responding party. Failing to submit evidence within the deadline may result in the adjudicator deciding the case only on the initiating party's evidence. Submit your full evidence pack as early as possible, not at the last moment.

Deposit Dispute Evidence

By GetRighted Legal Research TeamLast updated July 2026

Summary

Winning a deposit dispute at adjudication or in court is almost entirely an evidence management exercise. The legal principles are settled — fair wear and tear limits deductions, the landlord bears the burden of proof, betterment reduces replacement claims. What decides cases is whether the landlord can produce a documented baseline (check-in report), a documented end state (check-out report), and a clear connection between the two showing tenant-caused damage beyond normal wear. Tenants who have photographed the property systematically at both ends of the tenancy, and who respond to deduction claims line by line with specific evidence, win the majority of adjudication disputes.

What adjudicators actually decide on

All three deposit scheme adjudicators apply the same core test: has the landlord proved, on the balance of probabilities, that the specific damage existed at tenancy end, did not exist at tenancy start, and was not fair wear and tear? Each deduction line is evaluated separately. A landlord who produces a detailed check-in report, a matching check-out report, and an invoice is in a strong position. A landlord who produces only an invoice, or only a check-out report with no check-in baseline, typically loses. Tenants who respond with photographs and specific rebuttals outperform tenants who submit only a general denial.

Core documents to gather

The most important documents are: the check-in inventory or schedule of condition (signed and dated); the check-out report; photographs from both ends of the tenancy with timestamps; the tenancy agreement (for obligations and permitted uses); any email or written communication about the alleged damage or condition; and invoices for any cleaning or repairs you personally commissioned before leaving. If any of these documents are missing or were not provided, that absence itself is evidence to raise in your submission.

Photographs are your most powerful evidence

Adjudicators across TDS, DPS, and MyDeposits consistently identify photographs as the most persuasive form of evidence. Timestamps must be verifiable — use your phone's camera app (which embeds EXIF metadata with date and time), not an overlaid clock image that could be edited. Submit photographs with a brief written caption identifying the room, the surface, and what the photograph shows. Uncaptioned photographs are harder for adjudicators to map to the schedule of condition.

Building your evidence pack

✓Check-in report — obtain a copy if you were not given one; ask for it in writing.
✓Check-out report — attend the inspection, get a signed copy, and note any disagreements.
✓Photographs from check-in day and check-out day — systematic room-by-room with timestamps.
✓Written communications — all emails or texts about property condition, cleaning, or repairs.
✓Cleaning receipts — if you paid for professional cleaning, keep the invoice.
✓Your written dispute response — address each deduction line by line, citing specific photographs and the check-in baseline.

How to structure your adjudication submission

Structure your submission around the landlord's deduction schedule: address each claimed deduction in turn, state whether you accept or dispute it, and provide evidence for each dispute. For each item you dispute: (1) reference the check-in condition from the check-in report; (2) state what the check-out report says; (3) attach the relevant photographs; (4) apply fair wear and tear and betterment where relevant; and (5) state the amount you consider reasonable (which may be nil). A focused, structured submission is far more effective than a general complaint about the landlord's conduct.

Sources

Housing Act 2004, s.212–s.214
TDS Adjudication Guidance — Evidence and Standards
DPS Dispute Resolution Service — User Guide

Frequently Asked Questions

What if I don't have a check-in report?: If no check-in report was provided, this significantly weakens the landlord's deduction claims — adjudicators routinely note that without a baseline, deductions cannot be substantiated. Your contemporaneous photographs from move-in day are your best alternative. Submit them alongside a statement of the property's condition when you arrived.
Can I submit WhatsApp messages as evidence?: Yes — WhatsApp messages and text messages are admissible evidence in adjudication and court proceedings. Screenshot the relevant exchanges and submit them as part of your evidence pack, with a brief description of the context. Messages showing the landlord acknowledged an issue at the start of the tenancy, or agreed not to charge for a particular item, are particularly useful.
Is there a deadline for submitting evidence to the adjudicator?: Yes — each scheme sets a deadline after the dispute is initiated, typically 14 days for the responding party. Failing to submit evidence within the deadline may result in the adjudicator deciding the case only on the initiating party's evidence. Submit your full evidence pack as early as possible, not at the last moment.

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