Question

DPS Adjudication Decision – your thoughts and suggestions please

by | 18 Sep 2017

Hi, We have an adjudication decision and I would like your thoughts and suggestions on how we can avoid this situation in the future:
The Pet Policy attached to the TA states ‘The Tenant agrees that the carpets will be cleaned by a professional cleaning company at the end of the Tenancy and will provide artefacts such as receipts or settled invoices to support compliance with this Condition…’ The contractor we subsequently employed to clean the carpets said the carpets were ‘very dirty, the water was black’ The adjudicator says the receipt for the hire of a carpet cleaning machine by the tenants is sufficient evidence.

Your thoughts please?

Answer

1 Comment

  1. guildy

    This sounds fairly normal for adjudication. The term you have is likely unenforceable as an unfair term under the Consumer Rights Act 2015 because you can only require costs of necessary cleaning. You can’t insist on a specific type of cleaning in every case regardless of circumstances because it may not need it.

    There is no way of resolving this for the future because such a term can never be fair.

    There may have been more success in the courts rather than the free Dispute resolution but the costs and time involved probably wouldn’t be worth the size of the claim.

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