Alternative dispute resolutions member guide
What is ADR?
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 as a method of Deposit Dispute resolution, but your Tenant 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 need to set out your claim and 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.
There is no obligation on the Tenant to use ADR but it is available at no cost and is designed to allow easy and quicker access to a resolution of the Deposit Dispute than going to Court.
Avoiding disputes:
mydeposits have found that most disputes are resolved simply by the Agent or Landlord and Tenant talking through the issues. We recommend in the first instance you:
Remind yourself of your tenant’s obligations under the tenancy agreement:
Please ensure your Tenant is aware of your expectations of the cleanliness of the property before the end of the tenancy.
Wherever possible, ensure your tenant attends the ‘check-out’ process:
The purpose of the check-out is to compare the property’s condition at the end of the tenancy against the condition at the start of the tenancy agreement. Ensure that your Tenant’s comments are noted, should there be any conflict during this process.
Deductions to the deposit:
Provide your Tenant with a breakdown of any deductions you intend to make to the deposit as soon as is reasonably practicable. Also, if possible provide the Tenant with evidence of the amounts you intend to deduct. We recommend that you be open to negotiation with the Tenant if it will prevent a Deposit Dispute.
Protect your deposit today
If you have taken a cash deposit, you must protect it in a government authorised scheme within 30 calendar days
Resolving the dispute:
If you and your Tenant have still not reached an agreement after following these steps, the Tenant can contact mydeposits to raise a formal dispute. The Tenant has two options to resolve the dispute, either using mydeposits ADR service or using the Courts.
For information on all the steps involved in the ADR process as well as information on using the courts and using evidence, use our downloadable guide.