How to present your case to an adjudicator: TDS tips should you end up in a deposit dispute
In the most recent TDS statistical briefing, the number of deposit disputes were lower than expected, showing disputes occurring in just 0.70% of tenancies in England and Wales. However, the reduction in numbers was likely down to the COVID pandemic, and it is anticipated that they could rise again in 2022. It’s important for landlords to note that with the 29’697 total cases that came to dispute, 75% were initiated by the tenant, compared to 17% of agents and just 8% of landlords. We look at best practices should you find yourself in a dispute and how to prepare your case for an adjudicator.
For more detailed information, including well-presented and poorly presented case examples, please download our How to present your case to an adjudicator guide.
What does an adjudicator need from me?
In the case of Tenancy Deposit Scheme disputes, when our adjudicators receive your case it is worth remembering that they have no prior information about your individual dispute, so getting all paperwork completed clearly and accurately is crucial. An adjudicator needs to know what the claim is and how much is being claimed in order to make an unbiased decision. This information would be included in the dispute application. The Dispute Application and the Dispute Response will ask you to break down your claim into factors that correlate to cleaning, damage, redecoration, gardening, rent arrears or other. The adjudicator can only make a decision based on the information they’ve been provided by both parties, and cannot contact landlords or tenants for missing details. To ensure you prepare your claim correctly, follow these four key actions:
1. Outline the claim
In the paperwork, make sure you have clarified what exactly is being claimed and the value of your claim in a brief, initial explanation. If there is more than one claim being made, check that the values of all claims have been totalled correctly. If the amount in dispute is less than the full deposit, remember to note what is happening to the remainder of the deposit to save confusion later on.
2. Explain the claim
Once you have the basic outline of the claim confirmed, you can go into more detail about the dispute and explain why you’re entitled to the amount you’re claiming for. If you have multiple claims in the same category, then it’s helpful to provide a breakdown. For example, if a gardening claim totalled £75 for missing garden chairs, £50 for tidying up the lawn and £50 for a patio clean, list these claims individually under the same issue. Should the amount of the dispute claim exceed the deposit, don’t round the figure down to the deposit amount.
3. Support your claim with evidence
It helps to remember that adjudicators work from the point of view that the deposit is the tenant’s money; therefore, you need to provide robust evidence as to why the deposit should not be returned in full to the tenant. The adjudicator will not look for documentary evidence if it’s missing from your claim, so ensure you have included all relevant paperwork, photos, invoices and receipts to strengthen your petition. However, be careful not to oversupply documentation that isn’t significant; this can bury your evidence and cause unnecessary delays.
4. Quantify your claim
If you’re a landlord or agent, you will need to clearly show how much loss/cost has occurred as a result of the tenant’s negligence. This can be in the form of an invoice if the problem has been resolved, or you can provide a professional estimate for the work still to be done. If the costs appear reasonable and the work has been completed, the adjudicator will most likely award the amount claimed. However, just because you submit an estimate doesn't mean you will be awarded the full amount. A cost claim that is in keeping with the prices charged by other contractors will be helpful. The adjudicators' experience in estimating costs will factor in the decision making, safeguarding that the cost is fair.
For more detailed information, including well-presented and poorly presented case examples, please download our How to present your case to an adjudicator guide.
It helps to ‘Think like an Adjudicator’
TDS Academy runs the popular online Adjudication Workshop, helping attendees increase their knowledge of the TDS Alternative Dispute Resolution Service and delve into the detail of the adjudication process. In two 90 minute bite-sized sessions, the training will help you improve your understanding of the end of tenancy process where there is a deposit dispute, with the chance to ask questions and share experiences with experienced TDS trainers. This course is ideal for property managers, administrators, inventory suppliers and landlords.
At present, we have 25% across all TDS Academy and Inventory Hive training courses. The discount codes are valid until the end of February 2022. To take a look at our courses, please visit our course calendar.
Advice for landlords
Landlords can find further interesting case studies, tools and templates in the TDS Information Lounge, all designed to help reduce deposit disputes and make life for landlords easier. Visit the TDS Information Lounge
Some of these resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining TDS.
It’s quick and easy, and NRLA members receive extra discounts on TDS Insured too!
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Sandy Bastin is a qualified solicitor with many years’ experience practising and specialising in real estate, Sandy joined Tenancy Deposit Scheme (TDS) in 2008 and is now Head of TDS Adjudication Services. Sandy is responsible for recruiting and training TDS adjudicators, providing continued support and mentoring to include quality assurance activity to ensure the high standards expected from TDS adjudication decisions are met.
