DISPUTE RESOLUTION
When it comes to a dispute, it can be stressful for everyone involved. Our reports will highlight any changes between check-in & out. Note: as we are not a party to the tenancy during the term, when it comes to the deposit release, both parties need to ensure they have a complete record of maintenance and disputes which have arisen during the tenancy. If we have inspected the property with any mid tenancy reports this can be uploaded.
Landlords will need to -
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Make sure you have a deposit registration certificate for the tenancy. This should have been renewed annually throughout the term of the tenancy.
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Use the details on your certificate to raise a dispute between landlord and tenant, with the appropriate deposit ADR service.
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Release any funds NOT in dispute, for example if a claim is for £400 and the deposit is £1200, you will need to ensure £800 is refunded without delay.
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Upload the inventory, inspections and check out reports via the online portal. Make sure you provide any supporting evidence for the amounts being claimed, invoices etc. We advise you to make consideration of the "life span" of items supplied so you can ensure apportionment of a claim is correct. I.E. poly carpets have a lifespan of 3-5 years, whereas a wool carpet has an expectancy of 20 years with the right care. Any claim should take consideration of this. So a tenancy for 5 years with a poly carpet would have little grounds for any claim. However, should the tenancy be for 2 years and the carpet supplied new, if the carpet needs replacing following the check out, then the claim would be cost of carpet divided by 5 years, multiplied by the term remaining (3 years), so in this example if a carpet cost £1000, the claim would be £600.
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The arbitration company will take a statement from both landlord and tenant, so it's essential you provide all of the information and present this showing a fair understanding of wear and tear. All deposit companies currently provide a clear guide to making a claim.
Tenants will need to -
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Tenants are obligated to attempt to settle any dispute with their landlords in advance, please refer to Civil Prosecution Rules & Regulations (CPR) part 36. As such, both parties should seek resolution prior to instruction of an ADR (Automatic Dispute Resolution) service.
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Ensure that the deposit holding company (ADR) has your correct email and contact details, you can usually find these on the deposit registration certificate. Your tenancy agreement with often have an addendum for the deposit registration information. If you cannot find this information contact your agent or landlord.
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Respond to any claims made promptly, refer to the check in and out documents so you can address and respond to the claims made against you. The arbitrator will review all the evidence you provide, so it's essential that you prepare the documents in advance along with your statement, ensuring these are uploaded online via their portal.
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For guidance on responding to a claim, fair wear and tear, life span etc. please review the guidance set out by the deposit holding companies. The links are provided below.
