Deposit Protection Service > Disputes > Determining if you should make a claim
Adjudicators are completely unbiased and make their decisions based on the evidence received from both parties. Your claim is only likely to be successful if you can prove there has been a breach of the tenancy agreement.
They must be persuaded “on a balance of probabilities” that a tenant has breached their tenancy agreement, and that the landlord or letting agent has suffered, or is likely to suffer, a loss as a result.
Your first step should be to review the original tenancy agreement, check-in inventory report and check-out inventory report. These will show the condition of the property when the tenant moved in and moved out and detail any contract terms that should have been followed.
If the tenant disagrees with your claim and a dispute ensues, the three key questions an adjudicator will need to answer are:
- Is the claim against the deposit justified?
- Is there sufficient evidence to support the claim that's been made?
- Is the amount claimed fair and reasonable?