Are deposit schemes fair to landlords?

Are deposit schemes fair to landlords?

Blue piggy bank and house model with coin stacks symbolizing landlord deposit disputes
12:01 AM, 30th September 2025, 6 months ago 23

Having used one of the government-backed deposit schemes for many years, I have recently been exposed to the unfairness of the system by the one I use (I won’t name them here). I am interested in other landlords’ experiences of using the government schemes and if there are any schemes that give landlords a fairer hearing.

My focus is when there is a dispute over any claims against the deposit when the tenancy is over due to damage, poor hygiene, poor garden maintenance and smell.

My experience of using the Adjudicator is that they always side with the tenants, no matter what compelling evidence a landlord submits and will always give the tenant the benefit of the doubt. The system is stacked against the landlords as the tenant is allowed to comment on any landlord evidence, and as they input their testimony last, the landlord cannot comment on the tenant’s version of events, which is normally a pack of lies.

Damage to walls, doors, electrical fittings, carpets, kitchen units etc is difficult to prove unless you have taken 100s of photos at the start of the tenancy and if you are lucky, you may have photographed the damaged area; if you haven’t, the tenants claim it was there on Day 1. The Adjudicator just puts many of these issues down to fair wear and tear. The cleanliness of the property/ tidiness of the garden at the start and end of tenancy is another subjective area which an Adjudicator will ignore if the tenant has said the property was spotless and the garden tidy.

I have a landlord friend whose tenants damaged the gas boiler by continually over-pressuring the system. He had his plumber write an expert report summarising the damage to the boiler by the tenants but this was discounted by the Adjudicator as the plumber was not independent enough!

Pet smell is one of those areas that can be subjective. I do not have dogs, but I can identify the presence of a dog in a house as soon as the door is opened, but owners are nose blind and will refute that there is a doggy smell in the house. It is very hard to prove there was no dog smell before the tenancy started, and the only way to remove it is by extensive carpet shampooing, if you are lucky, or by replacing any carpets.

I have taken to employing an inventory company that produces a report at the start of the tenancy that contains 300+ photos to try and capture the condition and smell, of the property at the start of the tenancy at a cost of about £70. I have not had to use these reports yet in any Adjudication, but time will tell. They will no doubt be accused of not being independent as well!

Thanks for reading,

Mike


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Comments

  • Member Since February 2025 - Comments: 1

    10:24 AM, 30th September 2025, About 6 months ago

    Unfortunately my sole experience of having to go through adjudication for retaining the deposit due to having to with regret action the removal of tenants using section 21 due to their damaging the property was very unsatisfactory.
    I’ve always been very fair in assessing fair wear and tear and charging only the most minimal retentions as I can action repairs and cleaning myself and always try and begin, manage and end tenancies on very good terms in alignment with my estate agents who are also very professional.
    I use an estate agent who uses an independent inventory company so plenty of evidence from beginning to end of tenancy inc. regular check-ups including what the estate agents described as the most comprehensive feedback they’d ever seen from a landlord for the adjudication submission.
    They also were highly professional in advising the correct amounts to apply for. Despite this I was only able to retain just over half the deposit despite the large amount of damage outside wear and tear costing much more.
    I just treat this as part of the burden of being a landlord much the same as ill structured taxation and legislation that most UK businesses have to put up with from successive Governments.
    I was already aware that the scheme favours tenants from research – so didn’t exactly have high expectations and just focused on the repairs than assuming a good outcome and expecting much money back. I was also very flexible with their leaving date as despite their messiness, they were pleasant people – just very lazy… I expect they’ve learnt from the experience and will be better tenants in future.

  • Member Since October 2023 - Comments: 25

    10:32 AM, 30th September 2025, About 6 months ago

    I’ve had the same issue with MyDeposits, they usually side with the tenant. The worst example was tenants moving in on a 12-month contract and leaving almost immediately because they split up. I said I’d let them break the agreement but wanted costs for the relet (much less than the deposit). They later complained to the scheme that they shouldn’t pay anything. I was awarded only £150, despite the contract and showing invoices for the relet. I then realised I should have waited for arrears and kept the entire deposit, which would also have saved me a lot of time.

    When I have disputes now, I go to court. It takes longer and you need to pay the fees, but the result is far better and tenants will often settle before.

  • Member Since July 2017 - Comments: 463

    10:40 AM, 30th September 2025, About 6 months ago

    I have usually found that compromise is quicker and easier than trying to go through any deposit scheme. Good tenants recently left but the aluminium framed shower screen was badly corroded because it had not been cleaned on a regular basis. I priced a new screen, the correct size at Victoria Plumbing for £200, plus carriage charges plus of course a plumber or handyman to fit it. I asked the tenants just for the £200 and they agreed.

  • Member Since June 2014 - Comments: 1562

    10:59 AM, 30th September 2025, About 6 months ago

    Not good odds for landlords;

    https://www.tenancydepositscheme.com/wp-content/uploads/2022/10/TDS-Resolution-Services-Annual-Review-2021-22-1.pdf

    Balance of probability or beyond reasonable doubt?

  • Member Since August 2017 - Comments: 2

    11:23 AM, 30th September 2025, About 6 months ago

    Reply to the comment left by Monty Bodkin at 30/09/2025 – 10:59
    My only deposit scheme experience was with TDS. It wasn’t good. Despite a professional ingoing and outgoing inventory the tenant lied through his teeth and TDS sided with the tenant almost 100%. We were out of pocket by several hundred pounds.

  • Member Since February 2020 - Comments: 360

    11:39 AM, 30th September 2025, About 6 months ago

    Yes…”My experience of using the Adjudicator is that they always side with the tenants, no matter what compelling evidence a landlord submits and will always give the tenant the benefit of the doubt”
    Had an open and shut case for damage, but adjudicator doesn’t know the meaning of justice or fairness.
    They probably think you can just claim on the insurance.(Assuming you have some).
    I have got deposits back for rent arrears.
    Thanks for your article.

  • Member Since September 2024 - Comments: 13

    1:18 PM, 30th September 2025, About 6 months ago

    Yep, it’s a rigged system.

    So use the Deposit scheme (because you have to if you take a Deposit) but then just refuse to use the Adjudicator system because they’re biased and let the Tenant take you to Court if they want to disagree over the amount of Deposit returned and let the Court be the adjudicator and keep your fingers crossed.

  • Member Since October 2023 - Comments: 25

    2:05 PM, 30th September 2025, About 6 months ago

    Reply to the comment left by Sangita Gupta at 30/09/2025 – 13:18
    It’s the landlord who has to take the tenant to court.

  • Member Since July 2013 - Comments: 357

    4:07 PM, 30th September 2025, About 6 months ago

    No

  • Member Since June 2021 - Comments: 51

    7:01 AM, 1st October 2025, About 6 months ago

    A few years ago now, I went to I went to ajudication for a number of items. One of them was the tenant had removed all the light bulbs and batteries (smoke alarms and house alarms) the tenant lied and said there were none at the start of the tenancy, despite not raising a dispute with the inventory, the ajudicator ruled that the inventory photos didn’t prove there were batteries at the start of the tenancy (despite you carnt fit smoke alarms with out battries, and the tenat had just left them on the kitchen side) they also ruled that the light bulbs are replaceable items and would need to be replace under fair ware and tear as the tenancy had been 18 months. The other thing was that a candle had been stored in the loft, and when leaving, it was hot, dropped melted wax from the loft hatch all over the walls and floor. The inventory software I use splits it into 2 Floor and Walls, and the cost to fix is separate (floor cleaning and wall repair) the ajudicator ruled that i couldn’t claim twice for the same damage (I wasn’t, I had just split the cost into two parts) so I only got half the cost to fix it.

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