Skip to main content
GetRighted

Adjudication vs Small Claims Court (Deposits)

By GetRighted Legal Research TeamLast updated July 2026

Summary

For tenancy deposit disputes, you have two routes: the scheme's Alternative Dispute Resolution (ADR) or Small Claims Court. ADR is free, faster (typically 4–6 weeks), and handles disputes about deductions — but it cannot award penalties for non-protection. Small Claims Court costs £35–£455 in filing fees, takes 2–6 months, but can award both deposit return and 1–3x penalty for non-protection under Housing Act 2004, Section 214. If your only issue is unfair deductions, use ADR. If your deposit was not protected, you need court.

ADR vs Small Claims Court

ADR: free. 4–6 weeks. Handles deduction disputes only. Cannot award non-protection penalty. Decision binding if both parties agreed.

Small Claims Court: £35–£455 fee. 2–6 months. Handles deductions AND non-protection penalty. Can award 1–3x deposit under s.214. Judge decides.

When to use ADR

ADR is the right route when your dispute is about specific deductions — cleaning charges, damage claims, redecoration costs, rent arrears. Both parties submit evidence, and an independent adjudicator decides. It is free, relatively quick, and the adjudicator specialises in deposit disputes. However, ADR cannot award compensation for non-protection.

When to use Small Claims Court

Use court when your deposit was not protected within 30 days (non-protection claim under Section 214), or when you want to claim both the deposit return and a penalty. The Small Claims Track handles claims up to £10,000. You file a claim form, pay a fee, and attend a hearing. The judge can award the deposit back plus 1–3x the deposit as a penalty.

You can use both routes

Challenge deductions through ADR and separately file a court claim for non-protection. They are independent processes. You cannot claim the same money twice, but you can claim the penalty on top.

Sources

  1. Housing Act 2004, Sections 213–214
  2. Civil Procedure Rules, Part 27 (Small Claims Track)

Frequently Asked Questions

Do I need a solicitor for Small Claims Court?
No. Small Claims Track is designed for litigants in person. The hearing is informal, and costs are not normally awarded against the losing party.
What evidence do I need for ADR?
Check-in and check-out reports, dated photographs, receipts for any cleaning or repairs, the tenancy agreement, and correspondence with the landlord about deductions.
How much does Small Claims Court cost?
Filing fees: £35 (claims up to £300), £55 (£300–£500), £80 (£500–£1,000), £115 (£1,000–£1,500), up to £455 (£5,001–£10,000). If you win, the court usually orders the landlord to reimburse.
Can the landlord refuse ADR?
Under scheme rules, the landlord should engage with ADR. If they refuse, you can go to court instead.

Related

  • housing-act-2004-s-213
  • housing-act-2004-s-214

Got a ticket? Find out if you can win.

GetRighted checks your situation against all known defenses — free in under 2 minutes.

Check My Ticket