A guide to our dispute resolution service
This guide explains what alternative dispute resolution (ADR) is, how best to avoid the lengthy formal process and how we can help you to present your case in a way that is most likely to result in a positive outcome.
How can you avoid disputes?
When a tenancy ends, a discussion may be needed about the way the property has been left. We have found that most disputes are resolved simply by talking, listening and negotiating to reach an amicable solution, so we would encourage you first to:
- check the tenancy agreement to see who is responsible for what
- be aware of the condition and standard of cleanliness at the start so expectations can be managed by both sides
- be fully prepared and open to discussion and compromise at each stage
Negotiation is nearly always successful, if everyone is reasonable. However, if you are unable to reach an amicable resolution, you have the option of using our free mydeposits/Ome ADR service for an independent and impartial decision.
What do you need to know before using ADR?
Both the member (landlord or agent) and tenant must first agree to use the ADR service, which is completely evidence based and offers a way to resolve disputes, as an alternative to using court. The general rule is that tenants have three months to raise a dispute, either from when the tenant left the property or from when the deposit, if there is one, was unprotected, whichever is sooner.
Each party then has the opportunity to set out their claim and provide supporting evidence. The member must provide evidence to justify the costs claimed and if the case is sent to an adjudicator, all the evidence will be reviewed before a binding decision is made. Where we can, we will try to help you resolve the issues as early in the process as possible.
[This is a guide only and should be read together with our Conditions of Disputes/Terms and Conditions. We offer more guides and help on our website, mydeposits.co.uk/content-hub. Alternatively, you do have the option of taking legal advice.
How does it work?
Step 1 – A dispute is raised
Tenants who do not agree with their landlord or agent’s proposed costs for damage, cleaning or any other costs relating to the property, may be able to raise a dispute with us. Any deposit amount that is not part of the dispute should be refunded to the tenant, leaving only the amount in dispute for us to resolve.
Where a landlord does not release the undisputed amount to the tenant, we will do this.Step 2 – The claim and evidence
This is the stage where the tenant is asked to explain their understanding of the claim and provide evidence. The landlord will also be asked to explain their case to us and provide evidence to support their claim.We have created evidence checklists for agents and landlords and a separate checklist for tenants to help you understand what evidence will be important.
Both parties have the opportunity to see each other’s evidence and make comments, within the given time.
Step 3 – Early resolution
In some situations, we may decide to get in touch with you and try to resolve the case early, before sending it to adjudication. In our experience, where landlords and tenants are open to our knowledge and independent recommendations, a quick and mutual settlement can often be reached.Step 4 – Adjudication decision
Where a case is reviewed by an independent adjudicator, a final and binding decision will be made and sent to both parties. The money will then be distributed in line with the decision, which can take 28 days to make.
Is there an alternative to ADR?
You do not have to use our free ADR service and disputes can also be settled through the courts.
At Step 1, when raising a dispute, you will be asked to choose ADR or court. The other party will be informed if the court option has been chosen and we will then only distribute the disputed amount in line with a court order.
Where either party chooses the court option, they will have six months, from when the dispute is accepted, to provide proof that court proceedings have been started. If no proof is provided within this time, then we may pay the disputed amount to the other party.
What do you need to think about when preparing your evidence?
As our resolution service is entirely evidence based, it follows that good quality evidence to support your case will help considerably. But it is important to keep the evidence relevant and well detailed, as this is most likely to result in a fair decision.
The following is an overarching checklist of the key evidence that you should provide; it is not exhaustive:
- You must provide the signed tenancy agreement
- Check in/check out reports, dated and ideally signed or alternative proof that the tenant has received them at the relevant time
- Photos/video evidence, if not included in the check in/check out reports
- Invoices/receipts are proof of work done and should include a breakdown of the work carried out for the money
- Estimates are also good evidence and if detailed, can help to apportion cost to the tenant
- Written communications – such as emails and contractors’ reports
How should you send us your evidence?
We would always recommend uploading your evidence online as it is the quickest and surest way of making sure we receive it and there are no additional paperwork or postage costs involved. However, please note that 20MB is the largest single file that can be uploaded, so you may need to break down the files into the right size to send to us.
While most people choose to upload evidence online, we recognise that some still choose to send evidence to us by post and for these cases, the following rules will apply:
- The cost of preparing and submitting your evidence to us, including postage, must be paid for by you
- If you would like the original evidence returned when the case has been settled, you will need to request this in writing when sending your evidence and we will confirm our agreement
- If we do agree, you may be charged an administration fee to cover our postage costs
- If we receive no instruction at the time of receiving your evidence, we reserve the right to destroy it
When might our resolution service not work for you?
In certain circumstances we may be unable to accept a dispute. Common examples are where the tenant is still living in the property, where there are rent arrears or where it has been more than three months since the tenant moved out of the property.
For more information and details please see our Conditions of Disputes Section B.