Property Management
Frequently asked questions:
(please note “Landlord” also covers Letting Agent)
Disputes
What happens if there is a dispute over the return of the deposit?
If there is a dispute about how the money is to be divided, landlords and tenants can take advantage of the Alternative Dispute Resolution (ADR) service attached to the scheme. This is provided by the Chartered Institute of Arbitrators. However, both parties must agree to use the service and be bound by its decision with no recourse to the courts. The use of the ADR service is not compulsory and if one or both of the parties do not agree to use the ADR service, a dispute can progress to court.
In the event of a dispute, what happens to the deposit?
If there is a dispute, the scheme will continue to hold the disputed amount until the ADR or court decides what is fair; the scheme administrator will then divide and return the disputed amount based on the ADR service’s or court’s decision.
Will there be a charge for the use of ADR?
No, the ADR service will be free of charge for landlords and tenants.
What happens if a landlord or tenant cannot be contacted or is un-cooperative?
If one party cannot contact the other, they can submit a ‘single claim’. However, in the case of the tenant being un-contactable, the landlord must include evidence why the claim isn’t a joint one. If one party refuses to co-operate, either in agreeing the release of the deposit or agreeing to resolve any dispute, a single claim can also be made.
