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Tuesday, February 22, 2011

Tips On Tenancy Deposit Disputes 32: Getting What You Deserve

Tip 32: The Three Hurdles #3: Getting What You Are Owed
Even once you have convinced the adjudicator that your claim is justified, and that you have a valid reason to withhold some of the deposit, your work is not done. You also need to prove to the adjudicator that the amount of money you are claiming is also justified.
Time and again I hear from landlords who have won the argument over whether they deserve any money, but who have only been awarded a fraction of the amount they claimed for. This kind of result can be extremely frustrating for landlords as they have put in all the effort necessary to win, but failed at the last hurdle, however, landlords that fail to address the issue of how much they should be awarded leave themselves wide open to this kind of result.
It is of paramount importance that you include evidence as to the cost as well as the necessity of repair. If you merely ask for an amount, however reasonable, without including a receipt, invoice or estimate, the adjudicator may not even believe that you intend to spend any award on repairing the damage in question. Even if you can’t afford to carry out the work until you have the deposit money, you still need to gather some evidence as to the likely cost.
Of course, there will be instances where the adjudicator thinks that you are claiming too much, regardless of how much evidence you submit. At least if you have included relevant evidence as to the cost, they will have to justify the award they make in the decision.
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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Anonymous said...

Never trust the authentication process, it is totally bias in favour of the tenant (very often dishonest individuals out to make a quick buck) and will pull every trick in the book to rule against genuine landlords claims and do therm out of money that is rightfully owed. Landlord beware!

Tom Derrett said...

I sympathise, as you have obviously had a disappointing result. It often does feel for landlords as if the deposit protection schemes are trying hard to rule against you.

The fact is that these disputes are complex and preparing for them is not straight forward, but there is help available. I went into business specifically to redress the imbalance of power in these disputes. Next time you have a dispute, contact me and I will help you.