Deposit Protection Service > How to have a successful tenancy from start to finish > Gathering evidence
Despite best efforts to maintain a good relationship with your tenant, you may still need to claim from the deposit at the end of the tenancy. To give your claim the best chance of success, gathering good quality evidence at the right time is essential.
It's good practice to put everything in writing from the start of the tenancy and keep records of your communications and actions throughout (things like texts, emails and receipts for work done, mid-term property inspections). Detailed records can serve as evidence in the event of a dispute, and sometimes help you avoid them altogether.
Here's a list of important items to keep in order, and how they can serve as evidence during the adjudication process, if needed.
1) Signed tenancy agreement*
The signed tenancy agreement outlines each party's responsibilities, what they've agreed to and what they can expect from one another. It's useful to review the agreement when the tenancy ends to consider if you need to discuss any deductions with the tenant. It's also a document the adjudicator can use to help determine a fair and reasonable resolution.
2) Signed check-in and check-out inventory reports*
Check-in and check-out reports can be used to compare the property condition at the beginning and end of the tenancy. It's important the reports are signed by all parties showing everyone agrees with the description of the property. Signed reports hold more weight as evidence, whereas unsigned reports can't be verified, making it more likely the claim is rejected.
3) Signed reports of periodic property inspections*
Periodic property inspections are an opportunity to make sure it's being maintained, as well as identify any potential issues. These reports don't need to be as detailed as check-in/out reports but can add useful evidence.
4) Copies of any correspondence between the landlord and tenant
Communications showing when repairs were reported, when they were completed, what was agreed to between parties, admissions of liability and service of notice can help the adjudicator establish a timeline of events.
5) Invoices/estimates/receipts and quotes*
These documents illustrate claim costs for repairs or restoration, redecoration, replacement of damaged goods, gardening, cleaning and waste disposal. Where possible, the contractor should itemise their costs, detailing the work completed.
6) Statement of the rent account**
A rent account statement is important when the claim involves rent arrears. It helps the adjudicator understand what payments were owed, what payments were made and what payments were missed. The statement should document the property, person the account relates to and a breakdown of how the rent arrears are calculated.
7) Date stamped photographs or video recordings*
Before and after photos allow adjudicators to see the reason for the claim. Photos should be submitted with an explanation of what they're showing (e.g. colours, item description, marks on surfaces, etc.) and clearly show the alleged damage or defect.
8) Witness statements
Witnesses, such as independent contractors, surveyors' reports or third-party agencies can have useful information for the adjudicator to consider regarding a claim. Landlords and tenants can both submit witness statements, or letters to support their claim. The adjudicator won't contact witnesses to obtain further evidence, cross-examine them, or take evidence under oath.
* Good evidence for: non-payment of rent, cleaning, damage to property, gardening, outstanding utility bills, contractors' fees for maintenance, wear and tear
** Good evidence for: claims relating to the payment of rent.