How do adjudicators make decisions?

Whenever I speak at landlord or letting agents events I can guarantee that the thing that most people want to talk to me about is “how do adjudicators make decisions?”.

 We publish a lot of guidance and information on our website as well as running a 4 part TDS Academy but I find one of the really helpful publications we produce is our monthly adjudication digest.

 

Each month we take a real adjudication and set out how we arrived at our decision. There is a whole library of these now on our website and they give really good advice as to how we approach our adjudications.  For example in July we have just published a simple adjudication digest which relates t a landlord claiming £75 to remove a business telephone line.  The line was put in with the landlord’s consent said they tenants but there was no evidence of this consent or request.  As a result the landlord removed it and deducted £75 from the deposit.  This was supported in the adjudication.

The adjudicator concluded the landlord was entitled to the amount claimed.  The tenants had not been able to show that they had obtained written agreement before making changes to the property. There was no evidence, such as correspondence, to substantiate that permission had been given, or on what terms.

The key leaning points were:

  • Landlords and tenants should check the terms of their tenancy agreements carefully before making any changes to the property.

 

  • Unless the tenancy agreement already gives permission for changes, make sure that requests for permission are made in writing, and that permission is agreed or disagreed in writing. If permission is given, record carefully the terms of the agreement reached.

 

For more top tips click here to visit our the Adjudication Digest page.  


Posted by on 18 July 2014

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