Large numbers of landlords and tenants caught up in deposit disputes failed to submit evidence to adjudicators on time.
The Deposit Protection Service said that last year almost 18% of landlords and 23% of tenants who agreed to dispute resolution either missed their deadline or sent in nothing.
Where landlords fail to provide evidence, DPS adjudicators automatically rule in favour of the tenant.
Failing to submit evidence at all was more common than missing deadlines, with 10% of landlords and 16% of tenants never sending in any evidence at all.
Alexandra Coghlan-Forbes, head of adjudication at the DPS, said: “Too many landlords and tenants are shooting themselves in the foot during disputes by failing to get us the evidence we need to assess their case.
“Our Alternative Dispute Resolution service ensures an impartial adjudication for both landlord and tenant, but is reliant on both parties submitting proper evidence in good time to work effectively.
“We do everything we can to make sure both parties understand what’s needed and by when, and it’s important that both landlords and tenants meet the 14-calendar day deadline.”
So almost a quarter of tenants can't be a*sed to provide evidence when in dispute. Speaks volumes!
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Unfortunately it is too easy for a tenant (who may well know that he is in the wrong) to invest a minuscule amount of his time not cooperating with the landlord or agent's attempts to resolve an end of tenancy deposit dispute and have the whole thing go off to adjudication and just hope for the best… Problem is, he's got nothing to lose.
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So if the landlords fails to provide evidence they automatically rule for the tenant, what about when the tenant doesn't provide evidence?
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It's the tenants money. If the landlord wants some of it, he must prove his entitlement.
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But if the Landlord has provided any evidence requested and the tenant doesn't, would it be ruled in favour of the landlord? It's the tenants money, I get that, but it's the landlords property that has (allegedly) been damaged.
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My only experience is with TDS, but I would have thought the same rules apply across the board and my understanding is that the tenant won't prejudice his position simply by not submitting evidence. As Beano says below, The onus is entirely upon the landlord to prove the tenant has caused damage etc. If the landlord can do this, then providing the tenant can't prove otherwise, the landlord's claim should succeed. (Also providing that the tenancy agreement is correctly worded regarding deposit deductions.) There are a lot of useful (and free) guides about all this on the TDS website by the way – well worth taking a look.
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To be fair it is all about the landlords evidence. The onus is entirely upon the landlord to prove the tenant has caused damage etc. The tenant only has to show up with contracts and any relevant communication usually.
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99% of the time we submit the evidence for the Landlord, having gained this before moving to dispute to assist in negotiations, so I assume this could account for the LL stats…tenants however, I agree with EITel!
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Our first dispute with DPS and even though we had a letter from the tenant admitting that there had been some damage and agreeing to pay half the amount asked they still found in their favour and repaid all the deposit to the tenant!
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