Avoiding winter woes! How seasonal maintenance can save you from a deposit dispute

As the temperatures drop and the heating goes on, winter can bring one of the most challenging times for rental property maintenance. The cold weather can bring a wave of issues, from damp and mould to burst pipes, broken boilers, and roof leaks. 

For landlords, these aren’t just property problems; they can also become expensive deposit disputes at the end of a tenancy if it’s unclear who’s responsible for the damage. The good news is that most winter-related issues can be avoided with early preparation, clear communication, and an understanding of how evidence plays a role in deposit protection cases. 

Here, the Tenancy Deposit Scheme has reviewed some of the most common winter property issues that end up in dispute, and how you can prevent them. 

Why winter causes more disputes

Around this time of year, it’s common to see a seasonal rise in cases linked to: 

• Condensation and mould: A combination of cold weather and poor ventilation often leads to damp problems, which can cause damage to the property, contents and even your tenants health. 

• Heating and boiler failures: If left unresolved, these can lead to tenant complaints or claims for compensation. 

• Burst or frozen pipes: Void periods or poorly insulated pipework can result in leaks that damage walls, flooring, and furniture. 

• Roof and gutter issues: Blocked gutters and minor roof damage can worsen during heavy rainfall, leading to internal leaks. 

While some of these issues are outside a landlord’s control, many can be prevented or at least minimised through good winter planning.  

Step 1: Carry out a winter property check

A pre-winter inspection is one of the most effective ways to avoid end-of-tenancy disputes. It’s also a great opportunity to document the property’s condition for your records. 

Inside property checklist:

• Gas Safety Certificate: Ensure your certificate is valid and up-to-date. 

• Boilers, electric fireplaces, and water heaters should all be professionally inspected and serviced. 

• Bleed the radiators. 

• Check the stopcock if operational and that the tenants know where this is. 

• Inspect for mould and damp, pay attention to areas such as bathrooms, kitchens, and corners of rooms. 

• Clear ventilation and extractor fans are in working order. 

• Check seals of window frames and doors, seal or fix where needed. 

• Property due to be empty? It’s wise to have the heating set to a low, steady temperature to avoid freezing pipes. 

• Smoke and CO alarms tested. 

• Provide tenants with a list of helpful contact numbers in case of an emergency, and make note of to the Christmas period when many companies are running on reduced hours. 

Outside property checklist:

• Insulate exposed pipes to prevent freezing and bursting during cold snaps. 

• Check external sockets, wiring, and lights to ensure they are weatherproofed and safe. 

• Clear pathways of debris and ensure they’re safe from trip hazards. 

• Check pipes for leaks or overflow in guttering joints during wet weather. 

• Ensure locks, alarms, and outdoor security lights are operational. 

• Check for damaged tiles, leaks, or other signs of wear on the roof. 

• Store away garden furniture or secure it to prevent wind damage. 

• Rake up leaves, trim back hedges, and prune overhanging branches. 

• Clear leaves, dirt, and debris to avoid blockages in guttering. 

TDS Tip: It’s also worth recording these checks with dated photos or videos. This can be invaluable evidence if a deposit dispute arises later on. 

Step 2: Communicate clearly with tenants

Many winter issues arise not from negligence, but from miscommunication. Tenants may not realise they’re expected to report problems promptly, or they might not understand how condensation differs from damp. 

Simple written guidance at the start of winter can go a long way. You could send a short email explaining: 

• How to ventilate rooms during colder months 

• The importance of reporting leaks or heating issues early 

• Steps to prevent frozen pipes 

• Energy-saving tips that don’t compromise the property 

Step 3: Record everything

Good record-keeping is crucial for any landlord, but especially in winter when the likelihood of property damage increases. If a problem does occur, clear documentation is your best defence. 

Keep a record of: 

• Maintenance requests and response times 

• Inspection reports and photographs 

• Communication with tenants about property condition 

• Any advice given or reminders shared 

In a deposit protection claim, TDS adjudicators rely heavily on evidence. Without written or photographic proof, it’s very difficult to support a deduction for damage or cleaning caused by winter issues. 

Step 4: Understand what’s fair in a winter dispute

Even with the best preparation, issues can still arise. Understanding how adjudicators assess winter-related claims helps landlords make fair and defensible decisions. 

For example: 

• Damage caused by frozen pipes: If a landlord didn’t take reasonable steps to insulate or maintain the system, deductions are unlikely to be upheld. 

• Tenant neglect: If evidence shows the tenant ignored advice or failed to report an issue promptly, a fair deduction may be justified. 

Landlords who act promptly, communicate clearly, and document their efforts are more likely to reach a fair outcome if a deposit dispute arises. 

Step 5: Keep up with current guidance

With new regulations on the horizon - including the expected extension of Awaab’s Law to the private rented sector - landlords should stay informed about emerging property condition standards. 

Although Awaab’s Law currently applies to social landlords, the government has confirmed its intention to extend these timeframes for damp and mould repairs to the private rented sector. Acting within reasonable time limits will become increasingly important, especially where tenants’ health or safety could be affected. 

Being proactive now will not only help you avoid future compliance issues but will also protect your investment and reduce the risk of deposit disputes down the line. 

Step 6: Make deposit protection part of your winter checklist

While property maintenance prevents many issues, deposit protection ensures that both landlords and tenants have a clear, fair process if disputes do occur. 

Make sure you: 

• Protect the deposit within 30 days of receiving it. 

• Provide tenants with prescribed information and scheme details. 

• Keep evidence organised in case a dispute is raised later. 

Using a government-approved tenancy deposit scheme such as TDS ensures your deposit is handled correctly and that any disagreements can be resolved impartially by trained adjudicators. 

TDS advice

Winter may be unpredictable, but your approach to managing your property doesn’t have to be. A few hours of preparation now can prevent months of stress later - and keep your deposit protection process smooth and transparent. 

By combining seasonal maintenance, clear communication, and thorough record-keeping, landlords can protect both their property and their tenants’ comfort. 

For more winter tips and guidance on preventing deposit disputes, visit our TDS Help Centre to find more guides, tools and templates, all designed to make the life of a landlord easier.  Some of our resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining the Tenancy Deposit Scheme.