Deposit disputes: Common landlord mistakes to avoid

If a landlord is facing a dispute with their tenant over the return of the deposit money, the type and quality of evidence submitted to the adjudicators is the key to proving the point and ultimately winning the case. It is important for landlords to remember that the ‘burden of proof’ lies with them to show why they are entitled to claim money from the deposit.

Often a Landlord will provide a concise written submission clearly laying out the issues in dispute but will fail to provide relevant evidence in support of their claim. This can easily be avoided by making sure that the quality of the evidence provided is as high as possible. If photographs or video is submitted try to ensure that these are digitally dated. Only submit evidence relevant to the issue(s) in dispute. For example, don’t provide photos showing damage to the property or its contents, if the dispute only involves money claimed to pay for a utility bill or outstanding rent. Provide clear evidence indicating the condition of the property at the start and end of the tenancy such as an opening inventory and check-out report.

The inventory should also be agreed to, and each page signed by, the landlord and the tenant at the start of the tenancy. Many landlords also believe the property must be returned to them in the same condition as at the start of the tenancy, but many fail to make an allowance for fair wear and tear. This is topic which many landlords do not fully understand, and one which I shall be writing about in the coming weeks. Remember, the deposit money is regarded as the tenant’s money by the Adjudicators unless the landlord or agent can prove they are legitimately entitled to claim against it.

iQ Property Ltd, Letting agents and property management specialists based in Hull. Members of ARLA & TPO, Columbist for the Hull Daily Mail. Follow the iQ Property Blog!