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/resources. 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.
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
For more detail on this see our guide to ‘Getting evidence ready for negotiation or dispute’ and see how to present your case clearly.
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.
The post A guide to our dispute resolution service appeared first on mydeposits.co.uk.