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The Tenancy Deposit Schemes Regulations (Northern Ireland) 2012

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The decision of the adjudicator

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35.—(1) If, after consideration of an application under regulation 34(1) and any representations regarding it, the scheme administrator considers that there is a reasonable ground for believing that the adjudicator may have erred in fact or in law (or both), the scheme administrator must accept the application and refer the decision of the adjudicator under regulation 33 for review by an adjudicator who was not involved in deciding the original referral.

(2) The adjudicator carrying out the review under paragraph (1) may:—

(a)affirm the decision made under regulation 33; or

(b)substitute a different decision for that decision;

and in either case shall give notice of the review decision in accordance with regulation 33(2).

(3) A decision of an adjudicator under paragraph (2) on a review is final.

(4) The scheme administrator must repay the tenancy deposit in accordance with the adjudicator’s decision on the review within 5 working days of receipt of the notice of that decision.

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