Tip 16: The role of the Tenancy Agreement
Most landlords now understand that, except in very limited circumstances, a failure to send in a copy of the tenancy agreement will result in you losing your claim, and if you have any doubts, do refer back to Tip 1, however, a surprising number of people still think that sending the first page and the signature page is sufficient. It isn’t.
Although letting is one of the most heavily legislated areas in our society, beyond the very basics, the exact content of a tenancy agreement is not regulated. While sending in the first page of the agreement may be sufficient to convince the ADR department that a valid tenancy existed, all that will achieve is to persuade the scheme that this is a dispute over which they have jurisdiction.
A tenancy agreement creates a specific contractual relationship, defined by the exact wording of agreement. Failure to give the adjudicator a copy of the precise words that the tenant agreed to means that the adjudicator has no idea whether the tenant has broken the terms of the agreement.
Take a good look at the tenancy agreements you use. There is probably a clause in there stating how much the rent is and how often it should be paid, how the property is to be treated, whether smoking is permitted and even what you are legitimately allowed to keep the deposit for. The adjudicator needs to see this in order to decide the case in your favour, so make sure you send a full copy, signed by all the tenants.
Tom Derrett is the Principal of Deposit Claim, an ex-adjudicator and an expert on the Deposit Protection Schemes.
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