A guide to our resolution service
This guide explains what resolution is, how best to avoid the 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 the formal process ?
When a tenancy ends, a discussion may be needed about the way the property has been left. We have found that most end of tenancy issues requiring resolution can be sorted 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 clean 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 resolution service for an independent and impartial decision.
What do you need to know before using our service?
Both the member (landlord or agent) and tenant must first agree to use the resolution service, which is completely evidence based and offers a way to resolve issues requiring a more formal resolution, as an alternative to using court. The general rule is that tenants have three months to request a resolution, 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 Resolution/Terms and Conditions. We offer more guides and help on our content hub. Alternatively, you have the option of taking legal advice.]
How does it work?
Step 1 – A case 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 use our service for a resolution. Only the unresolved amount should be dealt with through our resolution process and the remaining amount refunded to the tenant.
If this money is not refunded to the tenant, we will do this on the landlord or agent’s behalf.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 and most relevant.
Both parties can see each other’s evidence and make comments, within the given time.
Step 3 – Early resolution
In some situations, our resolution team will get in touch to discuss your case and look to resolve it early, or send it to an adjudicator. 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 – Final resolution decision
Where a case is reviewed by an independent adjudicator, a final and binding decision will be made and sent to both parties. This can take up to 28 days to make and the money will then be distributed in line with the decision.
Is there an alternative to resolution?
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 resolution, you will be asked to choose formal resolution or court. The other party will be informed if the court option has been chosen. We will then only unresolved the disputed amount in line with a court order. Once we receive the court order, the unresolved amount will be distributed.
Where either party chooses the court option, they will have six months, from when the case is received, to provide proof that court proceedings have been started. If no proof is provided within this time, then we may pay the unresolved 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 initial checklist of the key evidence that you should provide but 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 reasonable costs to the tenant
- Written communications – such as emails Whatsapp messages (with dates) and contractors’ reports
How should you send us your evidence?
We would always recommend uploading your evidence to our online portal, as it is the quickest and surest way of making sure we receive it and there are no additional paperwork or postage costs involved.
While our and most people‘s preference is to upload evidence online, we recognise that some people still choose to send evidence to us by post and for these cases, the following rules will apply:
- The cost of preparing and sending 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 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 resolution. 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. If a resolution cannot be accepted our resolution team will explain the full reasons.