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Dispute Resolution Service
A free, impartial dispute resolution service, for you.
If you need to make deductions to the deposit and your tenant doesn’t agree, then we can help resolve the issue instead of going to Court.
It’s a free benefit for all our members.
What happens in a deposit dispute?
You are free to discuss deposit deductions with your tenant when they move out, and you can withhold all/part of the deposit money without involving us, provided your tenant agrees.
If your tenant doesn’t agree then we offer a free and impartial alternative dispute resolution service to resolve the issue. Less than 1% of all deposits protected with us need to use our dispute resolution service.
ADR is an alternative method of resolving disputes to the traditional option of going to Court.
mydeposits provides an ADR service and actively encourages its use.
Both you and your landlord or agent must agree to its use.
The process is completely evidence based. The parties will be given an opportunity to present their case and evidence to a qualified Adjudicator. You will be able to set out your claim and the member must provide evidence to justify deductions from the deposit.
The Adjudicator will analyse the evidence submitted and make a binding decision as to how the deposit should be distributed.
How long do I have to raise a deposit dispute?
The tenant(s) will have three months from the date they vacate the property to raise a deposit dispute with mydeposits.
For example, if you leave the property on the 30th April, you will have until the 29th July to raise a deposit dispute.
Either party can initiate the deposit release, at which point the responding party has the option to accept the proposed release terms or raise a deposit dispute.
How do I avoid a deposit dispute?
We have found that most disputes are resolved simply by the agent or landlord, and tenant talking through the issues.
We recommend that do the following before raising a dispute:
1. Remind yourself of your obligations under your tenancy agreement.
2. Please ensure you are aware of the expectations of the cleanliness of the property before the end of the tenancy.
3. Wherever possible, ensure your attend the ‘check-out’ inventory process that compares the condition of the property at the end of the tenancy against its condition at the start. Make sure any of your feedback or comments are noted.
4. Your landlord or agent should provide you with a breakdown of any deductions they intend to make to the deposit. You should ask to see evidence of why they intend to make the deductions.
What is dispute evidence?
The mydeposits dispute resolution service is evidence based. The higher the quality of the evidence that you supply, the more it will assist your case.
You must submit the signed tenancy agreement, other examples of evidence to provide include:
1. Check in and check out reports and inventories that are signed and dated.
2. A schedule of condition
3. Photos / video
4. Invoices / receipts
5. Written correspondence
You should ensure that all your evidence is relevant to the case, easy to understand and properly presented.
The Adjudicator will analyse all evidence and submissions but may not refer to every piece of evidence submitted.
Can I use the court instead of the mydeposits dispute resolution service?
You can resolve the dispute through the Courts but you will have to inform mydeposits at the point of raising a dispute.
If you landlord/agent has used mydeposits insurance product to protect your deposit, they must transfer the disputed deposit money to us and we will distribute the disputed amount in accordance with a Court Order following the decision.
If you landlord/agent wants to use the Court, we will inform you of their decision.
The onus is on the party wishing to use the Courts to issue Court proceedings. If they have not been issued within six months then we may pay the disputed deposit amount to the other party.
What reasons may mydeposits reject a dispute?
1. The dispute must relate to matters about the deposit. We will not adjudicate on any other issues.
2. If either party has already commenced Court proceedings on any matter related to the tenancy , unless they have been withdrawn or are stayed for mediation purposes or the court has subsequently directed that the matter be dealt with by dispute resolution.
3. There are allegations of fraud, criminal activities, duress or harassment by either party which we deem outside our remit.
4. There is clear evidence of rent arrears or we consider the dispute is being raised frivolously or unreasonably by you, the tenant.
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