Deposit Scheme ADR: Resolving Disputes Without Court
Summary
Alternative Dispute Resolution (ADR) through your deposit scheme is the fastest and cheapest way to resolve a deposit dispute. All three government-approved schemes — DPS, TDS, and MyDeposits — offer free ADR. An independent adjudicator reviews written evidence from both sides and makes a binding decision, typically within 4–6 weeks of both parties submitting. The adjudicator can award anything from 0% to 100% of the disputed amount to either party. Around 60% of ADR decisions award the tenant some or all of the disputed sum.
Which scheme holds your deposit?
There are three government-approved schemes in England and Wales: Deposit Protection Service (DPS) — a custodial scheme where DPS holds the money; Tenancy Deposit Scheme (TDS) — insurance-based, landlord holds the money; and MyDeposits — also insurance-based. Your landlord must have told you which scheme within 30 days of receiving the deposit. If you do not know, search all three using your name and the property address.
ADR dispute process
Standard steps across all three schemes:
- 1Raise a dispute through the scheme's online portal — both parties notified
- 2Submit your evidence within the scheme's deadline (typically 10–14 days)
- 3Landlord submits their evidence within the same period
- 4Adjudicator reviews all submissions (no hearing, no telephone calls)
- 5Decision issued within 4–6 weeks — specifies exact amount to each party
- 6Deposit released according to the decision within 10 days
Evidence that ADR adjudicators want to see
Prepare these:
- ✓The tenancy agreement (shows deposit amount, cleaning obligations, end date)
- ✓Check-in inventory or schedule of condition with photographs
- ✓Check-out report or your own dated photographs of every room at move-out
- ✓Receipts or invoices if the landlord claims specific repair costs
- ✓Correspondence showing your attempts to resolve the dispute directly
- ✓Any professional cleaning receipt if the tenancy agreement required one
The landlord bears the burden of proof
In deposit ADR, the landlord must prove that deductions are justified. If the landlord cannot show (a) the condition at check-in, (b) the condition at check-out, and (c) that the difference is beyond fair wear and tear, the adjudicator will typically award the disputed amount to the tenant.
Common adjudicator decisions
Cleaning costs: awarded to the landlord only if the tenancy agreement requires professional cleaning AND a professional clean was done at the start. Repainting: rarely awarded — paint deterioration over a normal tenancy is fair wear and tear. Carpet replacement: only if damage (burns, stains) goes beyond normal wear for the tenancy length. Garden maintenance: only if the tenancy agreement assigns garden responsibility to the tenant and the garden was maintained at check-in.
ADR outcomes
Approximately 60% of ADR decisions result in tenants receiving some or all of the disputed amount. The average disputed amount is approximately £400–600. Source: DPS, TDS, and MyDeposits annual reports.
Sources
- Housing Act 2004, Sections 213–214
- DPS Terms and Conditions
- TDS ADR Rules
- MyDeposits ADR Rules
Frequently Asked Questions
- Is deposit ADR legally binding?
- Yes. Both parties agree to be bound by the adjudicator's decision when they enter ADR. The decision cannot be appealed to another body, though in exceptional cases a party might challenge it via judicial review.
- Can I go to court instead of ADR?
- Yes. ADR is voluntary — you can skip it and go straight to County Court. However, ADR is free, faster, and less stressful. County Court costs money (fees start at £35) and takes longer.
- What if the landlord refuses to engage with ADR?
- If the deposit is in a custodial scheme (DPS), the scheme can still adjudicate based on available evidence. If insurance-based (TDS/MyDeposits), the landlord's refusal may result in the scheme releasing the deposit to you after a set period.
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