Be the adjudicator! - Deposit Protection Service

Be the adjudicator!
Take a seat at the adjudicator’s desk and have a
go at resolving a dispute!
Click on the start button and follow the
case through to the verdict
ES
NOT
E
CAS
START
The claim
T
he landlord was claiming
£749 for cleaning and
redecoration.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
n
a
< BACK
NEXT >
The dispute
T
he
tenants said they
had told the agent the
check-out inspection
date/time was not
convenient.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
< BACK
NEXT >
THE TENANT’S STATEMENT:
“We’d booked contractors to come in and do some cleaning and remove our
stuff. The agent booked the check-out for midday, which we said was too early
and our contractors would not be finished. I told them we would need until
about 3pm, but they changed the time to 2pm. The lady who came to do the
check-out was surprised we were still there, but the agent knew we wouldn’t be
finished until later”.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
< BACK
NEXT >
THE LANDLORD’S STATEMENT:
“The tenant told me the cleaner would be finished by 1pm, so I booked a
check-out clerk for 2pm. The house was filthy but the clerk completed the
check-out. I went back later after the cleaner had finished, but the place was
still filthy. I took photos and sent them to the tenant”.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
< BACK
NEXT >
Key evidence
The check-out report shows the cleaner was still working in the property.
Landlord’s photographs – the date shows they were taken over a month
after the tenant had left.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
NCE
rt
epo
VIDE
r
E
t
u
>
ck-o
Che
aphs
togr
o
h
P
-
< BACK
MORE >
Now it’s your turn to be the adjudicator
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
NCE
rt
epo
VIDE
r
E
t
u
>
ck-o
Che
aphs
togr
o
h
P
-
MAKE YOUR
DECISION
In this scenario, who would you award to?
TENANT
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
NCE
rt
epo
VIDE
r
E
t
u
>
ck-o
Che
aphs
togr
o
h
P
-
LANDLORD
SPLIT
DECISION
HOW WAS THIS DECISION REACHED?
The check-out report was of virtually no evidential value. Both the landlord and
tenant agreed work was done to the property after the check-out was completed,
so the report wasn’t a “true” record of the condition of the property when the
tenant vacated.
The landlord’s claim could have been successful if they‘d taken the photographs
sooner. As the photographs were taken a month after the tenant left, they held
less evidential weight. Given that a month had passed before the photographs
were taken, a number of people would have entered the property and dust would
have accumulated.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
NCE
rt
epo
VIDE
r
E
t
u
>
ck-o
Che
aphs
togr
o
h
P
-
< BACK
NEXT >
IN SUMMARY
The timing of a check-out report is crucial; the adjudicator needs to be satisfied that
they are seeing a true record of the condition that the property was in at the time
that the tenant vacated.
Guidance has been provided to the lettings industry by ARLA, NAEA, RICS and Asset
Skills. They explain the situation very clearly:
“It is important that the check-out is conducted either on the day the tenancy
ends, or as soon as possible thereafter. Landlords should be advised not to enter
the property until the check-out has been completed. Any delay in conducting the
check-out could leave room for doubt if the tenant claims the property was entered
into between their leaving and the check-out.”
These comments are equally relevant where the check-out evidence consists only of
photographs, rather than a formal check-out report.
ES
ing
lean
NOT
c
E
r
fo
CAS
749
£
g
imin
LAIM
>C
d cla ation.
r
lo
or
and
L d redec
e
n
a
e th
for rty.
e
b
ted
TE
rope
mple d the p
ISPU
o
D
c
>
t
cate
k-ou
hec had va
C
nt
tena
NCE
rt
epo
VIDE
r
E
t
u
>
ck-o
Che
aphs
togr
o
h
P
-
FINISH >
AS THE HOME OF DEPOSIT PROTECTION, WE’VE GOT IT COVERED
We hold over 1.2 million active deposits.
We’ve repaid more than £1.9 billion deposits.
We’ve adjudicated on almost 10,000 deposit disputes in the last 12 months.
We’re the largest provider of tenancy deposit protection in the UK.
WANT TO HAVE ANOTHER
GO AT BEING
THE ADJUDICATOR?
DPSCS0007v1F
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