Wednesday 11th January 2023
Tenancy Disputes: More Cases Now Ruled in Favour of Landlords
Research shows a significant shift in outcomes since the Tenancy Deposit Scheme (TDS) was introduced in 2007: landlords and agents are now far more likely to be awarded 100% of disputed deposit amounts than in previous years.
The Tenancy Deposit Scheme Yearly Review 2015 highlights that 19.8% of all disputes resulted in a full payout to landlords, compared to 19.2% where tenants received 100% of their deposit back. The remaining 61% of cases saw amounts split between both parties.
● Why Outcomes Used to Favour Tenants
In the years immediately following the introduction of deposit protection, the majority of disputes were decided in favour of tenants, with deposits returned to them in full. The main reason was simple: poor‑quality documentation.
Inventories and check‑out reports often lacked sufficient detail to support a landlord’s claim. Descriptions were vague, and photographs were irrelevant or unclear. Frequently missed items included the condition of sinks, bathroom fittings, skirting boards, doors, handles, flooring, and kitchen units. Without a precise, professional record, reports effectively “were not worth the paper they were written on” and carried no weight with adjudicators.
● The Turning Point: Landlords Now More Successful
For the first time since records began, landlords and agents are winning more full‑amount disputes than tenants — representing an 8.5% year‑on‑year increase in successful claims.
This change is directly linked to the growing recognition of just how powerful high‑quality, digital inventories and periodic inspections are. When reports are prepared by trained professionals, they provide the clear, timestamped evidence needed to prove condition, changes, and damage over time. These documents now play a central role throughout the whole tenancy, protecting the interests of both sides and ensuring fair, evidence‑based decisions.
