Agents

5. Dispute resolution

At the end of the tenancy, the Landlord/Agent and Tenant may disagree about how much of the deposit should be returned. In these cases (and should all parties agree and satisfy the requirements), they can use the Alternative Dispute Resolution (ADR) servicewhat's this? which is free and impartial.

 

Step 1 Advice and Assistance

Tenant mydepositsLandlord+Agent

  • mydeposits will provide advice and assistance to help the Landlord/Agent and Tenant to reach agreement over the amount of the deposit to be returned.
  • If our advice and assistance does not does not the parties to reach an agreement, the Tenant can register a formal dispute with mydeposits.

 

Step 2 Tenant notifies mydeposits

  • Tenant requests a Dispute Notification Claim Formwhat's this? from the mydeposits Customer Service Centre.
  • Tenant completes and returns the Dispute Notification Claim Form with any evidence supporting their claim e.g. inventory, photos, rent statements, bills, or other correspondence within 10 days.

 

Step 3 Landlord's counter claim

mydepositsletter

  • mydeposits notifies the Landlord/Agent of the claim.
  • mydeposits requests the Landlord/Agent's counter claim and evidence within 10 days.

 

Step 4 Disputed amount lodged with mydeposits

Landlord+Agentdepositmydeposits

  • Landlord/Agent will be asked to lodge the Disputed Amountwhat's this? with mydeposits within the same 10 day period, where it is held in a secure client account.
  • This disputed amount will be held by mydeposits until a fair distribution has been agreed – either through the Alternative Dispute Resolution (ADR) service or the court.

 

Step 5 Deposit distributed

Landlord+AgentdepositmydepositsdepositTenant

  • mydeposits then distributes the disputed amount in accordance with that decision.

 

Summary

  • Within 90 days of the deposit being unprotected, a Tenant can dispute the amount of the returned deposit.
  • If the Tenant disputes the amount of deposit being returned, they can request a Dispute Notification Claim Formwhat's this? from the mydeposits Customer Service Centre.
  • mydeposits will try to assist the Tenant and their Landlord/Agent to reach agreement over the amount of the returned deposit. If our advice and assistance does not result in an agreement, the Tenant can then register a formal dispute with the Tenancy Deposit Scheme. We call this our Alternative Dispute Resolution (ADR) servicewhat's this?. This service is free and impartial.
  • Where ADR is used, the entire dispute resolution process should not exceed 60 days in most cases.
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