Adjudicators are legally trained specialists who consider the claim being made, review the dispute evidence provided and make a decision based on that evidence. They're completely unbiased and use the information from both tenant and landlord to decide “on a balance of probabilities” whether the claim is justified.
Frequently asked questions:
How long does it take for the adjudicator to make a decision?
It varies, depending on the factors involved, but it normally takes up to 15 business days from the adjudicator receiving all the evidence. In some cases, adjudicators may need more evidence or clarification from either party outside these deadlines, which will increase the time taken to adjudicate.
After the adjudicator has considered the evidence and decided how to award the disputed funds, we'll send their decision to you and your tenant.
What if you're unhappy with the adjudicator's decision?
Any decision the adjudicator makes is final and legally binding. However, if you think the adjudicator has made a clear error of fact or law, you can raise a complaint.
What if the adjudicator can’t make a decision?
In rare cases, the adjudicator may decide the case would be better dealt with through a formal court process – for example, a case involving police. If there are ongoing court proceedings between the parties, the adjudicator won't be able to consider the dispute. The Court has a higher authority and the adjudicator will need to wait for the Court's decision before considering the deposit dispute.
The adjudicator can also reject a dispute if they feel either party is pursuing the claim unreasonably or being frivolous.
Additionally, if the volume or type of evidence submitted is particularly large or complex, or the issues raised aren't suitable for this form of dispute resolution, the adjudicator may decide they're unable to make a decision.
Reasonable deductions
Landlords and letting agents have a duty to act reasonably and not claim more than is necessary to compensate for any loss. Each of these categories have different considerations to take into account when deciding on whether to claim, what to claim for, and how much of the deposit to ask for. If your claim ends up in dispute, adjudicators may consider a range of options to make good any breach of tenancy. These include:
- Replacement of an item if it's left in poor condition or damaged beyond repair
- Repair or cleaning where replacement cannot be justified
- Compensation if an item's been damaged and its value reduced or lifespan shortened
When making a claim — especially for repairs, redecoration, or the replacement of missing or damaged items — two key principles to consider are Betterment and Fair Wear and Tear. But what do these terms mean?
Fair wear and tear
The House of Lords defines fair wear and tear as “reasonable use of the premises by the tenant and the ordinary operation of natural forces”. What’s considered ‘reasonable’ is open to interpretation so strict guidance on accounting for fair wear and tear isn’t available. Landlords should take into consideration the following factors during the check-out process. Adjudicators are likely to use similar guidelines when assessing the evidence:
Length of tenancy
The longer the tenancy, the more natural wear and tear there will be. How long items have been in use and through how many tenancies should also be considered.
Number and age of occupiers
Higher wear and tear can be expected in a tenancy with more occupants, like families with children. Scuffs, scrapes, higher appliance usage (like washing machines) are a part of normal family life. In contrast, a property occupied by a single person should see much less wear It’s important to consider these differences at the end of the tenancy.
Lifespan, quality and condition
If a landlord provides lower-budget or older items, it’s not reasonable to fault the tenant for damage from normal use. Adjudicators may want receipts or other evidence to confirm an item’s age, or cost and quality when new. The quality of the property itself is another consideration. Newer builds constructed with less durable materials can create a greater need for redecoration at tenancy end. Adjudicators may find it unreasonable to expect anything more than an equitable contribution towards these costs.
Wear and tear vs. actual damage
Wear and tear refers to items that have been worn out through natural use, while actual damage refers to items that have been negligently broken or marred. For example, light marks on a carpet might have to be viewed as normal wear and unavoidable. On the other hand, burnt out lightbulbs, or damage such as nail varnish spills on the floor or iron burns that occurred due to negligence could see the tenant liable for repair. Consider whether the item has been damaged or worn out through natural use versus negligence when making a judgement call.
Be the adjudicator
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