Check-in and check-out inventories: the landlord's guide to avoiding a deposit dispute
Most deposit disputes are not decided by what actually happened at the property, but by what was written down on the day the tenant moved in. Adjudicators never visit the property or speak to either party - they read the paperwork and decide which version of events is more likely true. A landlord with a signed check-in inventory and a matching check-out report wins most of the time; a landlord without one starts from behind.
Why the paperwork decides everything
Under English law, a deposit stays the tenant's money until the landlord can show a valid reason to keep part of it. The burden of proof sits entirely with the landlord, and decisions are made on the balance of probabilities using only the documents both sides submit - adjudicators do not inspect the property or speak to either party. Without a check-in record to compare against, there is nothing to prove the property was ever in better condition than it looked at check-out.
What changed under the Renters' Rights Act
Two changes from 1 May 2026 make this matter more than before. Fixed terms are gone - every tenancy is now an assured periodic tenancy with no anniversary date to plan a check-out around. A tenant can end things with at least two months' notice at almost any point in the year (see our guide to tenant notice to quit), so the inventory has to be ready from day one, not dug out a year later.
Section 21 is also gone, so a landlord can no longer decline to renew and get the property back - possession now depends on proving a ground under Section 8. With that route narrower, the deposit is one of the few practical protections left if a tenant causes damage.
Running the check-in: the checklist that actually matters
A good check-in inventory is not a tick-box exercise - it is the single document your entire deposit position rests on:
- Do it before the tenant moves in, or on the day itself, before keys change hands.
- Go room by room in the same order every time, and reuse that order at check-out.
- Record condition, not just presence - not "carpet", but "carpet, light grey, no stains or visible wear, five years old".
- Photograph everything in good light, including close-ups of any existing marks, so the condition is beyond doubt.
- Note meter readings, the number of keys and fobs handed over, and the general standard of cleanliness.
- Get the tenant to sign it (or at least confirm receipt in writing), send them a copy, and give them seven to ten days - standard practice recommended by the deposit protection schemes - to flag anything missing before it becomes the agreed baseline.
| Stage | When | What good evidence looks like |
|---|---|---|
| Check-in | Before or on move-in day, before keys are handed over | Signed, dated, room-by-room report with photos; a copy sent to the tenant with a short review window |
| Mid-tenancy inspection | Periodically during the tenancy (optional but recommended) | Dated photos of anything new, put in writing and shared with the tenant at the time |
| Check-out | After the tenant has left and returned the keys | Same room order as check-in, direct comparison photos, meter readings, key count |
Running the check-out: matching it against day one
A check-out report only works if it lines up against the check-in report item by item, using the same headings, order and photo angles so the comparison is obvious to anyone who has never seen the property.
Where something has changed, describe what you see rather than jumping to a conclusion: "a 4cm circular mark on the worktop, not present at check-in" is far stronger evidence than "tenant damaged the worktop". This does not change the basic rule that a tenant only returns a property allowing for fair wear and tear from normal use - a five-year-old carpet should look five years old - so leave that judgement to the comparison itself. See our guide to deposit deductions for what you can and cannot claim for.
If it still ends in a dispute
Most well-documented cases settle before ever reaching a scheme's free resolution service, because a clear side-by-side comparison usually makes the likely outcome obvious to both sides. Adjudication itself is entirely evidence-based - whatever your inventory did not capture, the adjudicator cannot take on trust. None of this helps if the deposit was not protected correctly in the first place - see our guide to deposit rules for the cap and the 30-day deadline.
Building the agreement your inventory relies on?
Our Tenancy Agreement Pack sets out the tenant's obligation to return the property in the condition recorded at check-in, fair wear and tear aside, plus the landlord's right to inspect - delivered as PDF and Word.
See the tenancy agreement packs →Frequently asked questions
Do I legally have to complete a check-in and check-out inventory? There is no standalone law requiring one, but without it you are unlikely to win a deposit dispute. The burden of proof sits with the landlord, and adjudicators decide only on the evidence submitted, so a missing inventory usually means the deposit goes back to the tenant in full.
How long should I give my tenant to review the check-in inventory? Seven to ten days is the window recommended by the deposit protection schemes, giving the tenant a fair chance to flag anything missed before the report becomes the agreed baseline.
What happens if my tenant refuses to sign the inventory? Provide it to them anyway, keep proof you sent it, and invite comments in writing within your review window. A shared, unchallenged inventory still carries weight even unsigned, though a signed one is stronger evidence.
Does the Renters' Rights Act change the inventory process itself? Not directly - there is no new inventory law. But periodic tenancies with no fixed end date mean check-out can happen at almost any point, and the loss of Section 21 makes the deposit one of the few practical protections landlords have left.
This guide is general information for landlords in England, not legal advice for your specific circumstances. Dispute processes vary slightly between schemes - check your own scheme's current guidance before relying on any process detail here.