What the English Housing Survey reveals to landlords about property standards and avoiding deposit disputes
As we come out of winter, property condition issues become more obvious; damp patches appear, mould is more visible, and general wear and tear after months of colder weather can come to light. Drawing on the latest English Housing Survey findings, TDS looks at what the data tells us about housing condition, and how landlords can use these insights to prevent deposit disputes and complaints before they escalate.
The English Housing Survey 2026
The recent findings from the English Housing Survey that condition issues such as damp and problems linked to condensation and mould are present across the housing stock, and are more commonly reported in the private rented sector than in owner occupier housing. In 2024-25, around 5% of homes (particularly older or harder to treat properties) were found to have a problem with damp, with this figure higher in private rented properties than other tenures. While the survey covers all tenures -not just the private rented sector - these findings help explain why disagreements about property condition continue to contribute to deposit disputes at the end of a tenancy.
Why property condition is still such a common dispute trigger
From a deposit perspective, this matters because not all condition issues are straightforward. Some develop slowly, some only become obvious during winter, and some are linked to the property itself rather than how it’s lived in.
At the end of a tenancy, this can lead to very different views. A landlord might see damage or poor upkeep, and a tenant might see something that was already there or unavoidable. That’s where disagreements often start.
How these issues usually show up in deposit disputes
Most condition-related deposit disputes aren’t about major damage. They’re usually about grey areas, and the patterns have been very consistent over time.
TDS data continues to show that the most common claim areas tend to be:
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Cleaning
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Damage
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Redecoration
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Gardening
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Rent arrears
Cleaning and damage alone typically make up the largest share of disputes year after year.
In practice, that often looks like:
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A landlord claiming for cleaning, redecoration or damage
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A tenant reasoning mould or staining wasn’t their fault
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Both sides having different views on fair wear and tear
In many cases, disputes arise not because either party is being deliberately difficult, but because condition issues can have more than one cause and expectations are not always aligned.
A quick reminder: what deposits are actually for
Deposits are there to cover costs where a tenant hasn’t met their responsibilities under the tenancy agreement. That might include damage beyond normal wear and tear, or cleaning if the property isn’t left in a reasonable condition.
What deposits aren’t for is fixing long-term disrepair or problems that would have needed fixing anyway.
For example:
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Mould linked to lifestyle may be deductible - but if poor ventilation or insulation is the root cause, it usually isn’t.
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Older fixtures wearing out over time is usually classed as wear and tear, taking into account product lifespans.
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Repairs linked to the building itself normally sit outside deposit deductions.
This is often where confusion happens, especially with damp and mould, which can have more than one cause.
How deposit disputes are actually decided
If a dispute proceeds to adjudication, decisions are based on an independent review of the evidence submitted by both parties.
Adjudicators usually look at:
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Photos showing condition at the start and end
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How long the tenancy lasted
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Maintenance and repair records
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Any communication about issues during the tenancy
The starting point is normally the property’s condition at check-in. If that isn’t clearly documented, it can be difficult to show something changed during the tenancy.
The process is impartial. Good evidence protects landlords just as much as tenants.
Simple steps that can make a big difference
Not every dispute can be avoided, but good preparation massively reduces the risk.
Start with a strong inventory
A clear, detailed check-in report is one of the best ways to protect a deposit.
Keep records during the tenancy
If a tenant reports damp or maintenance issues, keep a record of what was reported and what action was taken.
Carry out regular inspections
These help you spot problems early and make sure everyone is clear about expectations.
Be clear about check-out standards
Making cleaning and condition expectations clear early on can prevent surprises later.
Keep evidence of repairs or upgrades
If you’ve carried out works during the tenancy, keep invoices and records.
The bigger picture
The data tells us two important things. First, housing condition challenges are still common across the sector. Second, formal deposit disputes are actually rare, with fewer than 1% of protected TDS tenancies end in a dispute.
Most disputes don’t happen because someone is acting in bad faith, they occur because expectations, evidence or responsibilities aren’t clear.
By focusing on good documentation, clear communication and realistic expectations, it goes a long way towards avoiding disputes altogether. And where disagreements do happen, independent adjudication ensures deposits are handled fairly and based on the evidence provided.
For landlords, taking an evidence-led approach doesn’t just protect the deposit, it helps create smoother tenancy endings and fewer headaches overall.
Not with the Tenancy Deposit Scheme?
Visit our TDS Help Centre to find more guides, tools and templates, all designed to make the life of our customers easier. Some of our resources are only available to customers 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.
