Disputes
No inventory at check-in: what it means for your deposit
3 min read
If your tenancy started without an inventory, it is natural to feel exposed — but the law is not on the side you might expect. A missing check-in record is far more of a problem for a landlord trying to keep a deposit than for a tenant trying to get one back. Understanding why turns a source of anxiety into one of the strongest positions you can be in.
Why the missing record favours the tenant
A deposit deduction has to be proven, and it is proven by comparison: this is how the property was at the start, this is how it was at the end, and the difference beyond fair wear and tear is what a landlord can claim. Take away the check-in record and the comparison collapses. There is no dated baseline to measure against, so there is no way to show that any given mark, stain or scuff was not already there when you moved in. Adjudicators routinely reject deductions for exactly this reason.
What a tenant should do
The absence of a landlord's inventory does not mean there is no evidence — it means whatever evidence exists carries more weight. If you can, build your own record:
- Take dated photos and a short video of the whole property as soon as you move in, before you unpack.
- Note anything already damaged or dirty in writing and send it to the landlord or agent by email, so it is timestamped.
- Keep any move-in messages, condition notes or emails — a contemporaneous complaint about a pre-existing problem is powerful later.
- If an inventory turns up later and it is wrong, say so in writing rather than staying silent.
A dated photo you took on move-in day can defeat a deduction on its own. Without a check-in inventory, the landlord has nothing dated to put against it.
What a landlord should learn from it
From the other side of the same fact: letting a tenancy begin with no inventory is one of the most expensive corners a landlord can cut. It does not save money — it defers a cost to the worst possible moment, when a deposit is disputed and there is nothing to prove the claim. Every deduction becomes an argument you are likely to lose. The fix is simple and cheap relative to a single lost dispute: a dated, photographed check-in on every tenancy, agreed with the tenant.
The lesson runs in one direction for both sides — the party with the clearer dated record wins. InventorySafe exists to make sure that record is created properly at the start, so a tenancy never has to be argued from memory.
Common questions
- Can a landlord keep my deposit if there was no inventory?
- It is very difficult for them to. To keep any of a protected deposit, a landlord must prove the property came back worse than it was let, and without a dated check-in inventory they have no baseline to prove it against. Deductions are routinely rejected at adjudication where no check-in record exists.
- Is a landlord legally required to provide an inventory?
- There is no standalone law forcing an inventory, but without one a landlord effectively cannot substantiate deposit deductions. In practice, protecting the deposit and being able to justify any deduction both depend on having a proper check-in record, so a responsible landlord always takes one.
- What should I do if I moved in without an inventory?
- Create your own record straight away: dated photos and a video of the whole property before you unpack, plus a written note of any existing damage emailed to the landlord or agent so it is timestamped. Keep everything. If the landlord later produces an inventory you disagree with, say so in writing rather than letting it stand.
- The landlord sent an inventory after I moved in — does it count?
- It carries far less weight than one agreed at the start, and you are not bound by it if it is inaccurate. Check it against your own move-in photos, and put any disagreement in writing promptly. A record you never agreed to is weak evidence for a landlord to rely on.