Route 1: the deposit
At the end of the tenancy you can propose deductions for damage beyond fair wear and tear. If the tenant disagrees, the deposit scheme’s free dispute service decides, based on the evidence: the check-in and check-out reports, dated photos, the tenancy agreement, and invoices or quotes for the repair.
Route 2: a possession claim while the tenant is still there
Ground 13 covers the property getting worse because of the tenant or someone living with them. Ground 15 covers damage to furniture you provided. Both are discretionary with two weeks’ minimum notice, so the court must also think possession is reasonable.
The evidence that helps either way
- A signed check-in inventory with dated photos.
- Later inspection reports showing the change, with dates.
- A repair log, quotes and invoices.
- Copies of letters to the tenant about the condition.
Claiming on landlord insurance
Some landlord insurance policies cover accidental damage or malicious damage by tenants, often as an optional extra. Cover, excesses and exclusions vary a lot between policies, and wear and tear is not usually covered, so check your own policy wording.
Insurers commonly ask for the same evidence as a deposit scheme: the check-in inventory, dated photos of the damage, repair quotes or invoices, and a police crime reference if the damage was deliberate. Tell your insurer early, as most policies set a time limit for reporting.
Questions landlords ask
Can I evict a tenant for damaging the property?
Grounds 13 and 15 of Section 8 cover damage to the property or furniture. They are discretionary, so the court must also think possession is reasonable.
Can I take the cost of damage from the deposit?
You can propose deductions for damage beyond fair wear and tear. If the tenant disagrees, the deposit scheme’s dispute service decides on the evidence.
What evidence do deposit schemes look at?
Check-in and check-out reports, dated photos, the tenancy agreement, and invoices or quotes for the work.
Can I charge the tenant the full cost of replacing a damaged item?
Not always. The Deposit Protection Service says a claim should not be used to make upgrades at the tenant’s cost, and for older items an adjudicator may expect only a fair contribution towards the cost.
What happens if the tenant disputes the deductions?
The deposit stays protected in the scheme until the dispute is sorted out. Each government-backed scheme has a dispute service where an adjudicator looks at the evidence from both sides.
Can I go into the property to check for damage?
Not without notice. For landlords who are responsible for repairs, the law allows inspection of the property’s condition at reasonable times after at least 24 hours’ written notice, and entry should be with the tenant’s agreement.
Sources
- Shelter England (legal): discretionary grounds from 1 May 2026 (checked 18 Oct 2026)
- Deposit Protection Service: gathering evidence (checked 18 Oct 2026)
- Deposit Protection Service: what makes a reasonable deposit claim (checked 18 Oct 2026)
- GOV.UK: tenancy deposit protection, disputes and returns (checked 18 Oct 2026)
- UKALA: statutory implied terms, access to the property (checked 18 Oct 2026)
- Propertymark / TDS: guide to inventories, check-in and check-out reports (checked 18 Oct 2026)