16
Jul
2013

'Burden of proof is on you', says my|deposits Northern Ireland

my|deposits Northern Ireland is warning landlords and letting agents that they could find themselves out of pocket unless they prepare their dispute evidence properly.

 

All tenancy deposit protection (TDP) schemes offer a free and impartial dispute resolution mechanism (DRM) to landlords and agents who are unable to come to an agreement with their tenants over the return of a deposit at the end of the tenancy. The law states that deposit money remains the property of the tenant unless the landlord or agent is able to prove otherwise.

 

my|deposits Northern Ireland has produced a new range of best-practice guidance aimed at supporting landlords and agents to prepare their dispute evidence when making a claim for deductions to their tenant’s deposits.

 

Eddie Hooker, CEO of my|deposits Northern Ireland, said:

“The dispute resolution mechanism is based entirely on evidence and the cold reality of the law is that the burden of proof lies with landlords and agents.

 

“We’ve over six years’ experience of dealing with deposit disputes in the England & Wales. Unfortunately the most common reason that landlords and agents lose a dispute and find themselves out of pocket is because they didn’t prepare their dispute evidence properly from the outset.

 

“We want that to change. Landlords and agents must be aware of how the dispute resolution mechanism works and, importantly, that they must be able to prove why they need to make a deduction form their tenant’s deposit”.

 

The guidance, available from the my|deposits Northern Ireland Resource Centre, contains information on how to better prepare dispute evidence and provides advice on how to claim for common deposit deductions, such as general cleaning, damages, redecoration, missing or replacement items and even garden maintenance.

 

my|deposits Northern Ireland also host dispute workshops throughout the country, delivered by experienced deposit dispute adjudicators of the scheme. The workshops include expert advice and feature real life dispute case studies – putting attendees in the adjudicator’s shoes and allowing them to make a decision over the award of the deposit.

 

Eddie Hooker added:

“Our workshops provide the perfect opportunity to really get to grips with the dispute resolution process, how to negotiate better with tenants and also improve the chances of being successful in a formal deposit dispute.”

 

To attend or arrange a dispute workshop with my|deposits Northern Ireland visit  www.mydepositsni.co.uk/meet-the-team or call 0845 362 3086.

 

The new guidance is available from the my|deposits Northern Ireland Resource Centre:

 

-ENDS-

 

For further information, please contact:

Sam Haidar

Senior Press Officer

www.mydeposits.co.uk

E: sam.haidar@mydeposits.co.uk

T: 020 7840 8925

M: 07508 031 084

 

NOTES TO EDITORS:

About my|deposits Northern Ireland:

  1. my|deposits Northern Ireland is the trading name of Tenancy Deposit (NI) Limited.
  2. Tenancy Deposit (NI) Limited is a subsidiary of Tenancy Deposit Solutions Limited, a company jointly owned by the National Landlords Association and HFIS plc T/A Hamilton Fraser Insurance (the Scheme Administrator) to deliver both a custodial and insurance-based tenancy deposit scheme (TDS) in Northern Ireland, under licence from the Department for Social Development (DSD).
  3. Landlords and letting agents wishing to use the scheme are required to register with the Scheme Administrator. They can find out more and visiting www.mydepositsni.co.uk
  4.  Registered members/users of the Scheme are able to protect and unprotect deposits at the beginning and end of tenancies.
  5. The custodial scheme is free for landlords and letting agents. There are fees to join the insurance-based scheme.
  6. In the event of a dispute at the end of the tenancy agreement, the parties are provided access to Dispute Resolution Mechanism (DRM). This procedure is evidence-based, relying on documentation and records.
Date published: 
Tuesday, July 16, 2013 - 16:15

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