The Deposit Protection Service recently
reported that a large number of both Landlords and Tenants fail to submit
evidence on time when adjudication has been agreed to during a deposit dispute. 18% of Landlords and 23% of Tenants miss the
deadlines clearly set out at the start of the process, or even worse, fail to
submit any evidence at all. If deadlines
are missed the DPS will automatically find in the Tenants favour. This may seem a little unfair but it needs to
be remembered that the deposit is the Tenants money and the Landlord needs to
prove why they have a claim on it which, in turn, the Tenant need to argue why
they don’t!
The DPS clearly set out the process at the
very start of the adjudication but these dates are set in stone. Dealing with adjudication can be time
consuming if done properly but it is worth doing thoroughly as you really only
get one shot at this.
Evidence is key – both photographic and
written. It is worth spending time
putting together all the evidence that the DPS request and any additional,
relevant information. Try to make the
adjudicators job easier for them by highlighting appropriate paragraphs,
numbering photographs referred to in documentation and number and list all
evidence provided. Adjudicators look
through several of these every day so you want to make sure they don’t miss
anything pertinent to the case.
If evidence is received it will be sent to
the other side for their comments, once the adjudicator has glanced over
it. This is the last point at which you
can comment or provide any further evidence.
It will then go through the full adjudication.
Remember – the adjudicators’ decision is
final! So spend time on getting the
evidence right as there is no comeback!