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Monday, January 17, 2011

Tips On Tenancy Deposit Disputes 27: Claim For Everything

Tip 27: Claim for Everything
There can be some confusion over how much landlords may claim for in deposit protection disputes. I think it stems from a slight misinterpretation of the scheme rules, which tend to include a statement to the effect that the scheme cannot adjudicate on claims over the value of the deposit.
Some landlords and agents have interpreted this to mean that the total amount that they are claiming for may not exceed the amount of the protected deposit. What it actually means is that the adjudicator cannot award more than the amount of the protected deposit.
Given that the majority of claims are marked down in some way by the adjudicator, landlords would be well advised to claim for everything that they are owed. If the adjudicator considers that you are owed more than the value of the deposit, you will simply be award all of the deposit. If you fail to claim for some of the money you are owed, you increase the probability that the tenant will get away without paying you.
Tom Derrett is the Principal of Deposit Claim, an experienced deposit protection adjudicator and an expert on the Deposit Protection Schemes. Tom helps landlords to claim money through the deposit protection schemes.

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