Quite often, the success of a claim is dependent on the provision of a statement or report from a qualified and impartial third-party specialist. These can be hugely beneficial in situations where the tenant’s responsibility is unclear, such as the presence of mould, blocked drains, or infestations within a property.
That said, not all third-party evidence carries the same weight. We have occasionally seen less credible examples, such as a neighbour confirming the presence of a dog or a tenant’s relative certifying that the property was left “spotless.” One of the more unusual cases involved a cleaning claim, where there was an over reliance on an eyewitness.
The dispute
In this case, the landlord submitted a strong claim supported by the tenancy agreement, detailed check-in and check-out reports, and invoices from professional cleaners. The tenant’s response explained that shortly after cleaning the property, they had in fact been arrested in the flat, a week before the tenancy had ended. To support this, they provided the badge numbers of the arresting officers and insisted that we contact them to confirm the property’s cleanliness at the time.
This was a unique situation, but the same core principles still applied. It is for the landlord or tenant to provide a documentary record of any third-party assessment. In this case the adjudicator would not contact the police to obtain their view.
Another point worth noting was that this had occurred a week prior to the end of the tenancy; had the tenant provided more robust evidence such as an invoice showing that the property had been cleaned when they had claimed, this would not have automatically undermined the supplied check-out report as cleaning issues could have materialised during the final week of the tenancy.
So, what are the key points here?
+ Evidence from impartial specialists such as cleaning contractors, inventory clerks, or pest control experts carries far more weight than informal witness accounts. An invoice, report, or statement from a qualified third party provides objective proof that is difficult to dispute.
+ While parties are free to submit statements from friends, family members, or even neighbours, these are of little or no evidential value. Such statements may support a party’s version of events, but they are rarely sufficient to prove a claim on their own.
+ The responsibility lies with the landlord or tenant to collect and present their own supporting documentation. Adjudicators will not contact external individuals or organisations to verify a party’s account.
+ The most successful claims are those that are well-evidenced, clearly presented, and directly linked to the tenancy timeline. The more precise and professional the supporting material, the greater the likelihood of this being used insupport of the party’s stance.
+ By following these tips and using a trusted deposit protection scheme like the Tenancy Deposit Scheme, landlords and letting agents can ensure disputes are resolved efficiently and fairly.
If you are interested in further guidance relating to deposit disputes, visit the Help Centre at TDS to browse further guides.
Sandy Bastin is director of resolution at TDS Adjudication Services – the only not-for-profit tenancy deposit protection scheme.
