How evidence submission works

Many landlords don't realise that the onus is on them to prove they have a legitimate claim to a share of the deposit, whilst the tenant has no obligation to prove their position. This is because the deposit remains the tenant's money until the landlord has successfully proven their position.

This is why supporting evidence is so important. It helps the adjudicator understand why a landlord has made a claim, and gives context to the amount they're claiming.

For tenants, providing evidence in support of their position is also vital if they're to prove the landlord isn't entitled to a share of the deposit. In almost every case, the tenancy agreement is the bare minimum evidence needed. Without this, almost all claims will be unsuccessful. Of course, for the best chance of success, a claim should be supported by a lot more evidence than just the tenancy agreement.

The evidence landlords and tenants should provide varies depending on the type of claim. Some examples are:

• Signed check-in and check-out inventory report
• A signed tenancy agreement
• Signed reports of periodic inspections of the property
• A statement of the rent account or bank statements
• Date stamped photographs or video recordings
• Copies of any correspondence between the landlord and tenant
• Witness statements

Read more on what makes good evidence.