Fettlr
Guide

What adjudicators actually look for in check-out evidence.

A practical guide for letting agents and property managers in England and Wales, on the evidence that decides deposit disputes.

Most deposit deductions that fail are not unreasonable. They fail because the evidence behind them can't do the job asked of it.

Where the burden of proof sits

In England and Wales, the deposit belongs to the tenant unless the landlord can show a valid reason for keeping part of it. Every scheme works this way, and it's the single most important thing to design a process around.

A tenant does not have to disprove a deduction. Where the evidence is thin on both sides, the money goes back to the tenant - not split, not held pending better information.

The four properties of usable evidence

Whatever the scheme and whoever the adjudicator, evidence that decides a claim tends to share four characteristics.

It's tied to the claim

A deduction is argued against a specific item. Evidence carrying the same reference number answers it directly.

It's dated at capture

A date asserted in an email isn't the same as one recorded when the photo was taken.

It's complete

A record covering every item is more persuasive than one covering only the damaged ones - selective evidence invites the question of what was left out.

It's unedited

Cropping or brightening a photo undermines it, even when the intent was to make damage clearer.

Five ways sound claims fail

  • No check-in comparison. Check-out photos alone show the current state, not the change.
  • Vague original wording. "Good condition throughout" gives an adjudicator nothing to measure against.
  • Undated images. A folder with no capture data invites an argument about when they were taken.
  • Cost claimed without invoice. Estimated sums are routinely reduced.
  • Betterment. Claiming full replacement cost for a worn item is the most common reason a valid claim is reduced.

Fair wear and tear, in practice

Fair wear and tear is the deterioration expected from reasonable use, given the item's age and quality and the length of the tenancy. What moves the assessment is context - age and condition recorded specifically at check-in, not "good order".

Cleaning, the most disputed category

Cleaning is consistently the largest cause of formal disputes. Two things decide these claims: the standard recorded at check-in, and whether the cost is backed by an invoice rather than a round number.

Why check-in matters more than check-out

Almost every failed deduction traces back to the check-in document. The check-out only establishes the current state; the check-in establishes what changed, and it's the change that gets charged for.

A tenant who reviews the schedule in week one and disagrees creates a small, cheap problem. The same disagreement raised a year later, with the property empty, is expensive and often unresolvable.

A working checklist

  • Record specific condition and approximate age at check-in, not general descriptors
  • Number every item, and use the same numbering at check-out
  • Photograph every item at both ends, not only the ones that look damaged
  • Send the schedule to the tenant and invite disagreement within a defined window
  • Keep capture dates intact and submit images unedited
  • Attach invoices for any cost claimed, and apportion for age and wear

This is general guidance about renting in England and Wales, not legal advice about a particular tenancy. Deposit scheme guidance is updated periodically and the Renters' Rights Act is phasing in - check current scheme guidance before relying on any of it.

Turn your schedule into the evidence above.

Fettlr structures the record against your own check-in document, with the four properties on this page built in.

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