The Adjudication Clause Samples

The Adjudication a. Once the deadline has passed for evidence submission, we will provide the following to the Adjudicator: i. the Landlord’s evidence, Statutory Declaration or Statutory Declaration Notice; ii. the Tenant’s evidence, Statutory Declaration or Statutory Declaration Notice; iii. any extra evidence from the Landlord or the Tenant. b. If the Parties submit evidence after the Adjudicator has already reached a Decision, they will not be able to take any further evidence into consideration. c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able to consider it when making their Decision. d. The Adjudicator may: i. make any necessary enquiries with the Parties if issues or queries arise when reviewing the evidence; ii. carry on with the Adjudication even if either Party does not comply with these Terms and Conditions, or any instruction from the Adjudicator or us; iii. stop the Adjudication if it appears that the Dispute cannot be settled this way, or if the Parties settle their Dispute before a Decision is made. e. Except in circumstances set out in section d above, the Adjudicator will make a Decision within 28 Calendar Days of receiving the Dispute papers from us. The day of receipt will be the Working Day after the papers are sent to the Adjudicator. f. We will notify the Parties of the Adjudicator’s Decision within 2 Working Days of the Decision. The Decision is binding on both Parties and both Parties must comply with it. g. The Decision cannot be appealed through the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decision. h. We will make any payment to either Party within 10 Calendar Days of the Decision. i. We will make payments according to the method specified by the relevant Parties j. The Adjudicator may take the initiative in ascertaining the facts and the law. k. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts. l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.

The Adjudication