What Evidence is Required by Deposit Resolution
Adjudicators in the Event of a Dispute?
If you find yourself in the unfortunate position of a deposit
dispute, having the right evidence on hand can make all the difference in the
outcome. To ensure that your case is well-prepared and stands the best chance
of a fair resolution, it's important to gather and present a variety of
documents and evidence.
1. The Tenancy Agreement
The tenancy agreement is the primary document that outlines the contractual
relationship between the landlord and tenant(s). It clearly sets out the
obligations of both parties, including responsibilities for rent payment,
property maintenance, and more. In the event of a dispute, the Tenancy
Agreement serves as the foundation for resolving issues and clarifying
responsibilities, making it crucial to provide this to the adjudicator.
2. Inventory Reports, Check-In and Check-Out Reports Comprehensive
property inventory reports are key to resolving disputes. The check-out reports
should be detailed, well-structured, and clearly note any changes or damage
that occur during the tenancy. These reports should cover everything from
furniture and appliances to the condition of carpets and walls. The involvement
of an independent inventory clerk is beneficial, as their impartiality helps
prevent accusations of bias. However, if a landlord prepares the inventory,
additional corroborating evidence may be needed to ensure fairness.
3. Photographic Proof
Clear, high-quality photographs can be crucial pieces of evidence in a deposit
dispute. These photos should be dated and show the property’s condition at both
the start and end of the tenancy. It’s essential to capture any damage or
changes to the property that could be relevant to the dispute. Make sure the
photos are clear and include close-ups of any problem areas, such as stains,
holes from fittings, or missing items. A picture truly speaks a thousand words,
so good-quality, visible images will greatly strengthen your case.
4. Invoices and Receipts for Repair Work
If any repairs or maintenance were needed during or after the tenancy, you’ll
need to provide invoices and receipts. These documents should detail the work
that was carried out, along with any costs involved. This helps the adjudicator
verify that repairs were necessary and that the charges were reasonable.
5. Professional Cleaning Charges
When a property has been professionally cleaned at the beginning of a tenancy,
it’s reasonable to expect it to be returned in the same condition. If the
tenant leaves the property in poor condition, a detailed invoice from the
cleaning service can support any claims made against the deposit. It’s
important to note that since the Tenant Fees Act came into effect in 2019,
tenants are not obligated to use a professional cleaning company, as long as
the property is returned to the same standard of cleanliness as at the start of
the tenancy. However, if the property is not returned to an acceptable standard
and additional cleaning is required, a detailed invoice from the cleaning
company can support your claim.
6. Rent Account Statements, Utility Bills, and Council
Tax
In cases where there is a dispute over rent arrears or unpaid utility bills,
you'll need to provide rent account statements, utility bills, and council tax
documents. These will show any outstanding payments that the tenant has failed
to make, which can be deducted from the deposit.
7. Witness Statements
In some cases, witness statements or letters of support may be submitted. These
could come from neighbours, agents, or anyone else who witnessed the condition
of the property or the actions of either the tenant or landlord. A credible
witness statement can provide further evidence to support your case.
By gathering these key pieces of evidence, you’ll be
well-prepared in the event of a deposit dispute. The more thorough and
organized your documentation is, the more likely you are to receive a fair
outcome from the adjudicator.
