Is an inventory check-in report legally required for assured shorthold tenancies in England and Wales?

There is no statutory requirement under the Housing Act 1988 or any other legislation for a landlord to prepare a written inventory or check-in report at the start of an assured shorthold tenancy in England and Wales. However, it is strongly recommended by all three government-authorised tenancy deposit protection schemes (TDS, DPS, and MyDeposits) and is considered best practice by the Property Ombudsman, ARLA Propertymark, and NRLA. In practice, a detailed check-in report is the single most important piece of evidence in any deposit dispute adjudication. Without a comprehensive inventory recording the property condition at the start of the tenancy, it is extremely difficult for a landlord to prove that damage occurred during the tenancy and justify deductions from the deposit. The adjudicator will typically resolve disputes in the tenant favour where no inventory exists. Under the Tenant Fees Act 2019 (Schedule 1, paragraph 1), the landlord or agent cannot charge the tenant for preparing the inventory.

Can a landlord charge the tenant for the inventory check-in report under the Tenant Fees Act 2019?

No. The Tenant Fees Act 2019 (which came into force on 1 June 2019 for new tenancies and from 1 June 2020 for all tenancies) prohibits landlords and letting agents from charging tenants for the preparation of an inventory, check-in report, or schedule of condition. The inventory is classified as a cost of the letting business borne by the landlord. The only permitted payments under the Act are rent, a capped tenancy deposit (five weeks rent where annual rent is under 50,000 pounds, or six weeks rent where annual rent is 50,000 pounds or above), a holding deposit (one week rent), changes to the tenancy requested by the tenant, early termination at the tenant request, council tax, utilities, communication services, and TV licence. A landlord or agent who charges a prohibited fee commits a criminal offence and may face a fine of up to 5,000 pounds for a first offence or an unlimited fine and a banning order for repeat offences under the Housing and Planning Act 2016.

How does the inventory check-in report relate to tenancy deposit protection under the Housing Act 2004?

The Housing Act 2004 (sections 213-215, as amended by the Deregulation Act 2015) requires every landlord of an assured shorthold tenancy in England to protect the tenant deposit in a government-authorised tenancy deposit protection scheme (TDS, DPS, or MyDeposits) within 30 days of receipt, and to serve the tenant with prescribed information about the deposit and the scheme. At the end of the tenancy, any dispute over deposit deductions is resolved by the scheme alternative dispute resolution (ADR) adjudicator. The inventory check-in report is the primary evidence used by adjudicators to determine the property condition at the start of the tenancy and compare it with the check-out report to assess whether damage has occurred beyond fair wear and tear. Without a check-in report, the landlord claim for deposit deductions is significantly weakened. Adjudicators at TDS, DPS, and MyDeposits consistently emphasise that claims must be supported by dated, signed, photographic evidence showing the property condition at both check-in and check-out.

What should the tenant do if they disagree with the check-in report?

If the tenant disagrees with any part of the inventory check-in report, they should note their disagreements in writing and send them to the landlord or agent within seven days of the check-in date. The tenant should take their own dated photographs as supporting evidence. Common areas of disagreement include pre-existing damage not recorded in the report, the overall cleanliness assessment, the condition of appliances, and the accuracy of meter readings. The tenant should keep a copy of all correspondence. It is good practice for the tenant to sign the report with an annotation and to attach their written comments. If the landlord or agent does not respond, the tenant should retain all written evidence for use in any future deposit dispute. At the end of the tenancy, when a dispute is raised with the deposit protection scheme (TDS, DPS, or MyDeposits), both the original check-in report and the tenant written amendments will be considered by the adjudicator as evidence.

What safety checks must be recorded in the check-in report under current regulations?

Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords must ensure that smoke alarms are installed on every storey of the property that is used as living accommodation and that carbon monoxide alarms are installed in any room containing a fixed combustion appliance (such as a gas boiler, gas fire, or wood-burning stove, but not a gas cooker). All alarms must be tested and confirmed working at the start of each new tenancy. Under the Gas Safety (Installation and Use) Regulations 1998, the landlord must provide the tenant with a copy of the current gas safety certificate (CP12), issued by a Gas Safe registered engineer, before they move in or within 28 days of the annual check. Under the Energy Performance of Buildings (England and Wales) Regulations 2012, a valid Energy Performance Certificate (EPC) with a minimum rating of E must be provided. The check-in report should record the location and test result of each alarm, confirm whether the CP12 and EPC have been provided, and note the EPC rating.

Inventory and Check-In Report (UK) — United Kingdom

Create a detailed Inventory and Schedule of Condition (Check-In Report) for assured shorthold tenancies in England and Wales. Room-by-room condition record, meter readings, keys, safety compliance, deposit protection details, and cleanliness benchmark. Essential evidence for TDS/DPS/MyDeposits deposit disputes. References Housing Act 1988, Housing Act 2004, Tenant Fees Act 2019, and Deregulation Act 2015. Download as PDF or Word.

Frequently Asked Questions

Related Documents

You may also find these documents useful:

Assured Shorthold Tenancy Agreement (England & Wales)

Create a comprehensive Assured Shorthold Tenancy (AST) Agreement for England and Wales. Fully compliant with the Housing Act 1988 (as amended), the Tenant Fees Act 2019, the Deregulation Act 2015, and the Renters' Rights Act 2025. Covers rent, tenancy deposit protection, landlord repairing obligations, prescribed documents (EPC, Gas Safety Certificate, EICR, How to Rent guide), break clauses, guarantors, pets, and the updated rules on possession notices following the abolition of section 21 from May 2026.

Assured Shorthold Tenancy Agreement (England & Wales)

Create a legally compliant Assured Shorthold Tenancy (AST) Agreement for England and Wales. Covers rent, tenancy deposit protection, landlord obligations under the Housing Act 1988, EPC and Gas Safety Certificate requirements, Section 21 and Section 8 notices, and the Tenant Fees Act 2019. Suitable for individual landlords and corporate lettings.

Tenancy Deposit Prescribed Information (UK)

Create statutory Tenancy Deposit Prescribed Information for England under Housing Act 2004 s213-215. Covers deposit protection scheme details (DPS/MyDeposits/TDS), 30-day service requirement, ADR dispute resolution, Tenant Fees Act 2019 deposit cap, and penalties for non-compliance (1-3x deposit). Prevents invalid section 21 notices.

Tenancy Termination Notice (England & Wales)

End a residential tenancy in England and Wales lawfully with a formal Tenancy Termination Notice. Whether you are a tenant giving notice on a periodic assured shorthold tenancy or exercising a break clause in a fixed-term agreement, this template helps you comply with the Housing Act 1988, the Protection from Eviction Act 1977, and the Landlord and Tenant Act 1985. The notice covers the required notice period, property handover obligations, tenancy deposit return procedures under the Housing Act 2004, and the legal requirements for vacant possession. Our template is specifically drafted for the law of England and Wales and includes provisions for break clauses, deposit protection schemes, and the statutory minimum notice period of one calendar month for periodic tenancies. It can be used by tenants or landlords to formally communicate the intention to end a tenancy, ensuring a clear written record that protects both parties and reduces the risk of disputes. The notice addresses all key practical matters including the return of keys, utility transfers, final rent payments, and forwarding address for deposit returns. It is suitable for assured shorthold tenancies, contractual periodic tenancies, and statutory periodic tenancies created under English law.

Room Rental Lodger Agreement (England & Wales)

Create a legally compliant Room Rental Lodger Agreement for England and Wales. Suitable for resident landlords letting a room in their own home. Creates an excluded occupier arrangement under Housing Act 1988 Schedule 1 paragraph 10 and Protection from Eviction Act 1977 section 3A. Covers room description, shared areas, furnishings, fixed or periodic term, rent, bills, deposit (no government scheme required), services, house rules (smoking, pets, guests, quiet hours), notice period, and termination. Includes Rent a Room Scheme guidance.