Alternative dispute resolutions tenant 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. You 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. Your Landlord/Agent will set out their claim and provide evidence to justify deductions to the deposit.
You will be given the opportunity to rebut this evidence and submit your own. 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 you 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 obligations under the tenancy agreement:
Please ensure you are aware of your landlord’s 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 comments are noted, should there be any conflict during this process.
Deductions to the deposit:
Your Landlord or Agent should provide you with a breakdown of any deductions you intend to make to the deposit as soon as is reasonably practicable. Also, if possible your landlord should also provide you with evidence of the amounts you intend to deduct. We recommend that you be open to negotiation with your landlord 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 have not reached an agreement with your Landlord 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.