ADR Insight: "But I was on holiday?"

We’re always advising landlords that for deposit dispute claims to be successful they have to provide as much relevant evidence to support their claim as possible, as this is absolutely crucial for adjudicators to make educated and informed decisions. However, it’s equally important that evidence is submitted within our published deadlines. Landlords have 14 days to submit all the evidence they would like considered in relation to their claim. If we don’t receive anything within the two weeks, we will repay the full amount to the tenant as we have nothing to assess the claim against.

When we receive the evidence, we send a summary to the tenant giving them 14 days to respond. Again, if there’s nothing received from the tenant, we repay the disputed amount to the landlord.

We appreciate that it is frustrating to both parties when the deposit that they believe they have a rightful claim to is repaid in this way, but the ADR process is intended to be a faster alternative to the courts which is why evidence submission deadlines are imposed.

To give yourself the best chance during a dispute, we offer the following advice :

›       Create a legally binding signed tenancy agreement

›       Provide a thorough inventory and schedule of condition report (signed)

›       Complete a check-in and check-out with the tenant present

›       Keep hold of all correspondence, invoices and other admin that may be relevant

Having done all that, you wouldn’t want to fall at the final hurdle so make sure you get everything to us within the 14 days.

If for any reason you can’t meet that deadline, let us know as soon as possible so we can arrange an extension for you.

For more information on ADR best practice, read our Essential Guide. There is further information on evidence and deposit disputes in our Guide to Tenancy Deposits, Disputes and Damages.