Tenancy Deposit Dispute - Order of deductions

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    #1

    Tenancy Deposit Dispute - Order of deductions

    I recall reading something around Christmas that, when an adjudicator has a case where the amount claimed is greater than the deposit held, the adjudicator must make their award as ordered in the AST. i.e, if cleaning is number one on the list, this claim is awarded before rent arrears, assuming rent is number two on the list.
    I now have this very case, but I can't find the article I read. I recall this was written by TDS, but I'm not 100% sure.
    In my case the adjudicator simply awarded me 100% of deposit against rent as this was the easiest option. But in fact all my little claims should have come before this.

    Does anyone remember reading the same article, or know of another source for this information. or maybe I'm just imagining it...…..
    Tags: None
    #2
    Found it, thinking of a name for my post gave me the perfect google search...….

    2.18 TDS can only make awards up to the amount of Deposit (or, where there are agreed deductions, the amount of Deposit that remains after the agreed deductions have been made). If the sum claimed is in excess of the Deposit (or the available balance of the Deposit after agreed deductions) the Adjudicator will deal with the different aspects of the claim in the order set out in the tenancy agreement, where one has been specified. This may simply be the order in which the tenancy agreement lists the purposes for which the Deposit may be used. The Adjudicator’s report will explain briefly the reasons for the award and show the amount awarded. If the Landlord wishes to pursue the Tenant for any money over and above the Deposit (or remaining balance after agreed deductions), they may need to seek independent advice about what action they could take, as TDS is unable to deal with such matters.

    https://www.rlaas.co.uk/depositguard...tes_2nd_Ed.pdf

    Comment

      #3
      I just found a later version in which it makes no mention of order of deductions, so now I am confused as I'm sure it was a recent publication I obtained from a bulletin.

      https://www.tenancydepositscheme.com...20Disputes.pdf

      Any thoughts or experience on this?

      Comment

        #4
        AFAIK no Scheme can repay more than the protected Deposit else they all would be soon insolvent. Both LL & T still have access to the Courts for any amount in excess of the Deposit.

        Comment

          #5
          Originally posted by mariner View Post
          AFAIK no Scheme can repay more than the protected Deposit else they all would be soon insolvent. Both LL & T still have access to the Courts for any amount in excess of the Deposit.
          I think you have misunderstood my question, we agree the adjudicator can only make awards up to the amount of the deposit.
          My question is the order in which the adjudicator must do that. e.g. Should they look at rent first or cleaning ?

          Comment

            #6
            Originally posted by michaelwgroves View Post
            My question is the order in which the adjudicator must do that. e.g. Should they look at rent first or cleaning ?
            Why do you think it matters?

            Comment

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