How a small repair problem can become a deposit dispute

Autumn has a habit of exposing problems that were easy to miss during the warmer months. The heating goes back on, heavier rain finds its way through a damaged gutter and colder surfaces make condensation more noticeable. 

Most of these issues begin as straightforward maintenance matters. However, if a problem is not reported, investigated or recorded properly, the resulting damage can eventually lead to disagreement over the deposit. 

The difficulty at the end of the tenancy is not establishing that damage exists, it’s working out what caused it, whether it could reasonably have been prevented and which costs (if any) the tenant should be responsible for. 

Repair first, consider responsibility separately

When a tenant reports a problem, the first priority should be assessing the property and arranging any necessary work. Questions about blame or deposit deductions should not delay a repair that falls within the landlord’s responsibilities. 

Take a leaking pipe, for example. Repairing the failed pipe will normally remain the landlord’s responsibility. If the tenant reported it promptly but some unavoidable water damage still occurred, the tenant would not usually be responsible simply because the damage happened during their tenancy. 

The position could be different if the tenant knew about an obvious leak, did not report it and allowed the damage to become significantly worse. In that situation, a landlord might consider a claim for the additional avoidable loss, not for the underlying repair itself. 

Ultimately, a deposit claim should reflect the loss caused by a proven breach of the tenant’s responsibilities, rather than transferring the landlord’s maintenance costs to the tenant. 

Avoid assumptions about damp and mould

Damp and mould can be particularly difficult because several factors may be involved. Leaks, inadequate insulation, ineffective heating, cold surfaces and moisture produced inside the home can all contribute. It is therefore risky to reach an immediate conclusion about “tenant lifestyle”. Advice about using extractor fans, keeping vents clear and heating the property may be helpful, but it should not replace an investigation into the condition of the property. 

Landlords should record where the problem appears, when it was reported and whether it is affecting the tenant’s health. The next step is to inspect, identify the underlying cause, explain what action will be taken and follow up after the work. Cleaning visible mould without dealing with its cause is unlikely to provide a lasting solution. 

What if the tenant does not report a problem?

Tenants are generally expected to take reasonable care of their home and report repairs or signs of damage. However, showing that a report was late is only part of a potential claim. 

A landlord would also need to demonstrate that the tenant knew (or should reasonably have known) about the problem and that the delay caused additional loss. This may require a contractor’s opinion, dated photographs and a clear timeline of communications. 

For example, a small hidden leak may not be obvious to the tenant until staining appears. By contrast, water repeatedly pooling across a floor is likely to be harder to overlook. Each case will depend on its particular facts and evidence. 

Good communication can prevent the problem escalating

A quick acknowledgement reassures the tenant that their report has been received and creates a useful record of when the landlord became aware of the issue. If a repair cannot be completed immediately, explain why, set out the next step and provide realistic updates. 

Landlords should also make it easy for tenants to know: 

• How to report routine repairs; 

• Who to contact outside normal hours; 

• What information and photographs to provide; 

• How to use the heating and ventilation provided; and 

• What to do if the property will be empty during cold weather. 

Clear instructions do not remove either party’s legal responsibilities, but they can reduce uncertainty and help prevent avoidable damage. 

Evidence should tell the whole story

If a claim reaches deposit dispute resolution, a photograph of the final damage or an invoice for the work may not be enough. An adjudicator must be able to understand the property’s original condition, what caused the problem, how both parties responded and how the amount claimed was calculated. 

Useful evidence may include: 

• The tenancy agreement; 

• Comparable check-in and check-out reports; 

• Dated photographs; 

• Repair reports and messages; 

• Inspection and access records; 

• Contractor findings; and 

• Invoices, quotations and evidence of an item’s age. 

Landlords must also allow for fair wear and tear and betterment. A tenant should not be charged the full cost of replacing an older item with a brand-new equivalent if this would leave the landlord in a better position than at the start of the tenancy. 

Act now to avoid disputes later

Autumn is a useful opportunity to test the heating, check the exterior, gutters, pipes and ventilation, deal with outstanding repairs and confirm that tenants have the right contact details. 

These relatively simple steps can protect the property and make the home safer and more comfortable. Just as importantly, they create a clearer record of what was checked, what was reported and how each issue was handled, before memories fade and responsibility becomes harder to establish. 

Prepare your property for the colder months

Download the TDS and NRLA landlord’s autumn checklist for practical guidance on inspections, repairs, damp and mould, deposit claims and the evidence landlords should retain.  

The guide also includes a ready-to-share handout to help tenants understand what to report and how they can protect their home during colder weather.