The Future Of Deposit Protection Disputes

I had a really enjoyable day last week giving an inventory masterclass to the experienced team at Inventory House in London’s Docklands, who had asked me to consult on the format and content of their inventories. Their inventory product is already very professional and the guys really know their business inside out, so we were able to delve very deep into what makes a great inventory, touching on subjects as diverse as how deposit protection adjudicators arrive at decisions and awards, how to maintain admissibility of evidence for criminal court and how language is used to describe phenomena in quantum mechanics.

One of the recurring themes of the day was whether the deposit protection dispute model as currently practiced is sustainable and how the inventory industry, and other interested parties, might be able to influence any developments.

Several questions kept recurring which included: 

Whether the methodology for resolving disputes through adjudication could be standardised, as there is a feeling that the standard of proof was interpreted differently across the schemes?

Whether the schemes could agree a baseline of expected lifespans for commonly claimed for items (such as carpet) in an average tenancy, to prevent landlords claiming with unrealistic expectations, or unnecessarily pursuing claims that are without merit?

A feeling that the trained inventory professional’s opinion is underused led to discussion of whether a (self?) regulated inventory industry adhering to common standards could remove some of the burden from the deposit protection schemes’ dispute resolution departments?

Answers on a postcard please...

Preparation, Preparation, Preparation

As a landlord, the onus is on you to take action to avoid deposit disputes and to ensure that you win the ones that you cannot avoid. There are a few things that you can do that will really help.

Negotiating a Settlement in a Deposit Protection Dispute

If, at the end of the tenancy, you and your tenant cannot agree over the distribution of the deposit, tempers can flare. Often relations break down entirely between landlord and tenant and both sides are reduced to communicating by increasingly acrimonious emails.

If your relationship with your ex-tenant is strained, you could be missing out on your best opportunity to resolve the matter quickly and painlessly.

Landlord Assist

I am very pleased to say that ADR Solution is now helping Landlord Assist clients.

Thoughts on Universal Estates v Tiensia and Honeysuckle Properties v Fletcher

Universal Estates v Tiensia and Honeysuckle Properties v Fletcher were joined as a single appeal. The judgment handed down by the Court of Appeal on 11th November 2010 is widely considered to have confirmed a loophole in the deposit protection legislation, but the exact nature of the precedent set has been a cause of some confusion amongst landlords.

Mould: Condensation v Damp

A conversation with a client last week made me realise just how many deposit protection disputes are over the cost of repairing mould. As an adjudicator, I would dread claims relating to mould, not just because the pictures of black and green slime colonising walls would make my skin crawl, but because they always came down to the same argument, and sometimes it was very difficult to know who was right.

Some Thoughts On Inventories

A recent discussion on a linkedin.com group has sparked this weeks post. There has been a lively debate on the merits of independent inventory agents versus the perceived cost saving of landlords completing inventories themselves.

As a deposit protection adjudicator, it is reassuring to receive independently created inventories as you can be more confident that they are objective and, because the inventory agent wants