Landlord end of tenancy resolution: How to handle disagreements and protect your position

Resolution services are needed when a tenant disagrees with the landlord’s proposed settlements towards cleaning, repairs, or replacement items at the end of a tenancy. Tenancy deposit schemes manage the resolution process to make sure of an independent and impartial decision based on the evidence provided. So evidence is key.

It is important for landlords and tenants to be aware that the legal framework for private tenancies is changing. The Renters’ Rights Act, due to take effect from 1 May 2026, will introduce new requirements for eviction, rent increases, pets and assured tenancy agreements. 

While deposit protection and resolution processes remain in place, landlords and tenants should familiarise themselves with the updated rules, as assured shorthold tenancies will convert to periodic assured tenancies and notice periods for ending agreements are changing. For ongoing tenancies, make sure you understand both current deposit return procedures and the rights brought in by these reforms, as they will shape landlord – tenant relationships and compliance responsibilities in the future.

What is a landlord deposit dispute?

As the property owner, your priority is to check that the property has been returned at the end of the tenancy in the same condition as recorded in the check in report, allowing for reasonable use.The tenant will naturally want their full deposit returned to them.

When a tenancy ends, the comparison of the check in and check out reports will highlight the differences allowing you, the landlord, to see if there is good evidence to support withholding all, or any part, of the deposit towards making good.

When negotiations over any proposed settlements from the deposit are unsuccessful, a formal resolution may be needed to resolve the disagreement.

Understanding the deposit resolution process rules is essential for managing your rental business effectively and staying legally compliant.

Common reasons landlords face deposit disputes

Disputes typically revolve around specific areas of property maintenance and care. The most frequent reasons for a deposit dispute landlord situation include:

• cleaning claims: This is the most common issue seen at the formal resolution stage. The property must be cleaned to the same standard as it was on the day the tenant moved in and tenants often feel their own cleaning efforts are sufficient, while the check out inspection reveals otherwise
• damage v fair wear and tear: Disagreements are often about what constitutes actual damage. A landlord is responsible for the natural deterioration of the property or specific items over time. Understanding fair wear and tear landlord rules is vital to proposing accurate settlements
• missing items: If items listed on the original inventory are no longer in the property at the end of the tenancy, you may need to propose settlements towards replacement
• redecoration: Tenants sometimes paint walls or make alterations without permission. When tenants leave the property in a worse condition that is more than reasonable wear, a proposed settlement towards redecoration is likely to succeed
• gardening: If the tenancy agreement says the tenant must look after the garden but then returns it heavily overgrown, the tenant is likely to be responsible for costs towards gardening services

What landlords must prove at the resolution stage

The most important principle to remember is that the deposit is the tenant’s, and the landlord is responsible for proving any entitlement to keeping any part of it.

A landlord must prove, with evidence, that the tenant has caused the property to deteriorate in some way which was due to the tenant’s actions, or omissions. You cannot simply say that there is some damage or that cleaning is required. Quality evidence will support your position and can strengthen your case as a formal resolution is based entirely on facts and never on assumption or past tenant behaviour. Poor quality evidence is unlikely to add value and any unresolved amount is likely to be returned to the tenant.

What evidence strengthens a landlord’s case?

Having comprehensive evidence and being reasonable with your proposed settlement amounts gives you the best chance of success at formal resolution.

Adjudicators cannot visit the property, so they rely entirely on what you provide. 

Strong evidence includes:

• Inventory: A comprehensive and detailed inventory establishes the starting condition of the property. Ideally the tenant will sign it and be offered seven to ten days to report and make any amendments. The tenant must always be given a copy.
• Check in and check out reports: These can be compared to highlight the differences that occurred during the tenancy. The deterioration is then either reasonable wear and tear or more than that, which may require a discussion
• Photographs and videos: Visual evidence for any resolution is important to show the extent of the issue. Photos should be clear, taken in good lighting, and if separate to the check in and check out reports, date stamped to show the condition of specific items at the time
• Invoices and receipts: Quotes, estimates, or invoices for work carried out by independent contractors show the cost of repairs, replacements, or professional cleaning. It is best practice for these to give a breakdown of work, materials, labour where relevant
• Communication records: Keep a log of all emails and messages between you and the tenant. This shows that issues were discussed and that you attempted to negotiate reasonably

For detailed help on preparing your documentation, read the guide to ‘Getting evidence ready for negotiation or resolution‘.

Step by step: How to handle the end of tenancy process, as a landlord

Being prepared for a discussion, negotiation and resolution, if needed, will save you time and reduce stress. Follow these steps before starting the process:

1. Review the tenancy agreement: Check your contract and make sure there is a specific clause that makes the tenant responsible for the issue you want to discuss
2. Collect evidence: check and compare the check in report and check out report, have any other photographs, contractor invoices and any other communications which will help support your position
3. Provide a clear breakdown of deductions: Send the tenant a written, itemised list of what you are proposing, with calculations if possible and explain your thoughts, supported by the evidence
4. Communicate with the tenant: Maintain a polite and professional tone. Ask the tenant to confirm which proposals they accept and if there are any they wish to challenge. Offer to have a conversation or meet to discuss any of the issues they are unsure about
5. Negotiation: If the tenant does challenge any proposed settlements, try to find a middle ground. Often, a compromise is the solution and is faster and easier than a formal resolution. You can find some tips in the guide to negotiation.
6. Request formal resolution, if needed: If there is no agreement, a formal resolution with your deposit scheme is the next stage. Do this promptly to avoid delays, as explained in the ‘Deposit not returned within 10 days in the UK: What to do’ guidance.

How formal resolution works for landlords

Alternative Dispute Resolution is a free service provided by deposit protection schemes to resolve disagreements with the aim of avoiding court. 

Once a resolution is requested, and accepted, both you and the tenant will be asked to provide your evidence through an online portal within a certain timeframe.

The case is then allocated to an independent and impartial adjudicator who will review all the evidence and decide, on balance, which party’s version of events is more likely to be true. This is often a split decision and not all one way or the other.

The adjudicator will then send both parties the final, legally binding decision. For a complete overview of this process, refer to the overarching ‘Tenancy deposit disputes explained: Process, evidence and what to do’ page or the guide to our dispute resolution service.

Common mistakes landlords make 

Landlords can lose out due to simple administrative errors. Avoid these common pitfalls:

• Weak or missing evidence: No check in report is a big deal. Without any basis to prove that any deterioration is virtually impossible. No estimate or just one line invoices, such as ‘end of tenancy cleaning’ offering no breakdown, are unhelpful when it is for a large amount and unlikely to succeed in full
• Unclear inventories: Inventories that lack detail or clear photographs make it impossible for the adjudicator to make a good comparison
• Overclaiming (betterment): Be careful when calculating a proposed settlement, that you consider the length of tenancy, the age and expected lifespan of the item, as well as any replacement being on a like-for-like basis. Claiming the full cost of a new carpet when the damaged one was five years old and of much lower quality will result in the claim being reduced
• Poor communication: we all know that face to face meetings and telephone calls can be the best and quickest way to resolve issues, but these should always be followed up with a written summary (usually email) so that an audit trail is there as evidence, if needed. Poor evidence of what was discussed, at any time during the tenancy, can complicate and impact the resolution

How landlords can avoid deposit disputes

You can protect your property and your position by setting clear standards from day one.

• Set clear clauses: Make sure your tenancy agreement  defines the tenant’s responsibilities from the start, and make clear what could lead to unresolved deposit issues when the tenancy ends
• Detailed inventories: Just as important, make sure you have a comprehensive, highly detailed check in report. Use a professional independent inventory clerk if possible, and make sure that the tenant is sent a copy and ideally signs it. Your check out inspection should be done as soon as the tenant has moved out and highlight any differences. See ‘Inventories: the complete guide‘ for best practices
• Clear communication: Remind tenants of their responsibilities a few weeks before the tenancy ends, and if possible, arrange a pre check out visit to highlight any obvious areas the tenants could put right before they move out. This can save time and the potential need for resolution. Provide a checklist for cleaning and property handover
• Realistic expectations: Understand the principles of fair wear and tear. Accept that a property lived in for several years will likely look quite different to the day it was newly decorated. Review the ‘Fair wear and tear guide‘ to set accurate expectations for everyone
• Proper audit trails: Keep good records of all property maintenance, communication, and contractor visits throughout the tenancy
• Conduct regular checks: Regular inspections can help you identify and address any potential issues before they become bigger problems at the end of the tenancy

What happens after a formal decision?

Once the adjudicator has reviewed all the evidence provided, they will send the written decision to both parties. This document clearly outlines the adjudicator’s findings and the reasons for their awards.

Decisions can go one of three ways:

• A partial award, where the adjudicator reduces your proposed amount to account for betterment, fair wear and tear, or insufficient evidence for certain issues
• A full award in your favour, if your evidence is robust and fully justifies the amount proposed
• No award, where the adjudicator decides the evidence does not support your claim, and the full unresolved amount is returned to the tenant

The deposit scheme will distribute the funds in line with the decision once it has been shared with both parties. Payment is usually processed quickly, often within five to ten working days. For more details on the final stages of the deposit lifecycle, review the ‘Getting your tenancy deposit back: Timelines, rules and what to do’ guide.

Make sure you understand the rules for end of tenancy issues and how to propose a settlement. Always prepare your evidence carefully, and if you have been unable to reach an agreement with your tenant and need to provide evidence of a formal resolution, the dispute resolution portal is available to guide you through the next steps

As a mydeposits member, you have access to our award winning, free to use dispute resolution service. If you need to request a resolution, our expert team is ready to guide you through the process and help you reach a fair outcome. Start the process here: https://www.mydeposits.co.uk/dispute-process/

This is general information, not legal advice.

Protect your deposit with mydeposits

If your tenant’s deposit is currently unprotected, you should act immediately. Late protection does not remove the risk of penalties or court action, and end of tenancy resolution may be unavailable, so using a deposit protection scheme like mydeposits from the start is essential.

Already using another scheme? Switching to mydeposits is simple and hassle free. Join over 400,000 members who trust us for secure deposit management, award winning dispute resolution, and expert support.

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