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Tuesday, March 08, 2011

Tips On Tenancy Deposit Disputes 34: The Tenant's Evidence

Tip 34: The Tenant’s Evidence

Unless you are very lucky, the tenant will defend your claim on the deposit. They will also have the opportunity to submit evidence in support of their position and you need to bear this in mind when preparing your case.
When putting together your statement, try to put yourself in the position of your tenant. Imagine arguing from their position. See what you can find in your own evidence that might seem to support the tenant’s position. Perhaps there is an ambiguity in the inventory, or a landlord obligation in the tenancy agreement that might be used by the tenant to support their claim.
If you can find anything, try to address it in your evidence and explain to the adjudicator why it is not relevant. Include evidence if you can. Although you should get a chance to respond to the tenant’s evidence later, in some circumstances additional evidence will not be taken into consideration. Don’t take the chance. If you have evidence on the point, submit it with your statement in the first instance.
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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