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Deposit Resolution Scheme / ADR

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789 views 1 replies latest reply: 19 January 2015

Hello all,

I have been a tenant in a property for 12 months and it has came to point where the landlord is attempting to make deductions from the deposit for items/damages which were stipulated in an email at the beginning of the tenancy (with numerous photos), roughly 3-4 days after we moved in.

He had claimed he was going to have these repairs addressed at the beginning of the tenancy but after following up on various emails, I eventually gave up and thought I would pay the rent and find alternative accommodation once the tenancy was finished.

As I have mentioned previously, he is attempting to deduct the repairs in the original email. We have attempted to come to an agreement however to no avail as he is not willing to budge on the amount.

As the deposit is held in Deposit Protection Scheme –
I have tried to start a claim however the status is ‘Disputed Claim’ and mentions that “A Repayment Claim has been started but the claim has been rejected by the other party.” 

This meaning he has rejected the claim I believe? I have went down the avenue of looking to use the Alternative Dispute Resolution.

From what I can find, both the landlord and I have to agree to use this service? (correct me if I’m wrong). I’m at my wits end as to what to do next so any advice or stories of people in the same scenario would really be welcome.


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Hi Michael

I’m not sure which tenancy deposit protection scheme your deposit is held with but there’s some info here from My Deposits about their dispute resolution service, including a timetable – I imagine these will be roughly the same for all schemes. One of the benefits of these schemes is that they have their own ADR internally so you don’t have to look outside the scheme for regular ADR.

Usually, the way it should work is that the amount of the deposit that isn’t affected by a claim should be returned to you. With the disputed amount, the landlord will need to provide evidence that shows why they are entitled to claim for damage for that amount and you will also be asked to submit evidence to show why the deduction isn’t appropriate (i.e. the proof you have that demonstrates items were damaged/missing when you moved in and are not your responsibility). The deposit belongs to you legally until the landlord can establish they have the right to any of it.

I think you need to find out which stage in the process your claim is at and when you can send evidence etc – I would contact your scheme directly and ask them what “A Repayment Claim has been started but the claim has been rejected by the other party” means and what happens next. It’s worth doing this to make sure that you have the best chance of getting your deposit back. These schemes are normally pretty good when it comes to resolving conflicts fairly so make sure you use them properly.


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