Alternative Dispute Resolution with Tenancy Deposit Scheme or Legal Action?

[KTZ32]

I provided a list of damages and costs (minus fair wear and tear) with the check out report to the vacated tenant. They requested their full deposit be returned in full and did not request the deposit return through the tenancy deposit scheme.

I had to commence legal action as the damage far exceeded the deposit held (three times) but I was claiming half the total cost, then as the property was unable to be let for weeks due to getting trades in, the solicitor added on the equivalent of a months rent.

The tenant has basically refused to engage with the solicitor, other than six weeks after vacating claiming there was an issue with repairs not being completed. They have now tried to reclaim through the deposit scheme and will likely try and use the arbitration process (as they favour the tenant). As I am mid legal action, potentially proceeding to Court, can I avoid Alternative Dispute Resolution and how?

The tenancy deposit scheme is useful in FAQ or how a landlord responds or claims against the deposit when a tenant has actioned a reclaim.

Thanks.

[KTC]

If you are definitely going to court to claim for more than the amount of the deposit, then just stick with that. I don't know whether you would had to have agreed to ADR when you protected the deposit with your particular scheme, but if you are taking legal action, you should definitely be able to refuse ADR. If insured, you probably need to transfer the deposit to the scheme to hold while the legal action is ongoing though.

the arbitration process (as they favour the tenant)

Landlords think it favours the tenant, while tenants think it favours the landlord.

[boletus]

Landlords think it favours the tenant, while tenants think it favours the landlord.

https://www.lettingagenttoday.co.uk/...-agents-at-DPS

Of the DPS adjudications, the large proportion (41.5%) found wholly in favour of the tenant and just 19.1% wholly in favour of the landlord or letting agent

[KTC]

That doesn't mean it favours the tenant in the sense that it's unfair or bias.

[boletus]

That doesn't mean it favours the tenant in the sense that it's unfair or bias.

'course not mate...