Is there alternative dispute resolution (ADR) when deposit protection is not used?

Ricardo1980

Hello!

I was in a room 6 months and my landlord (who lives in the same flat) didn't protect my deposit (the contract says clearly Assured Short-hold Tenancy). Of course, I cannot use any of those 3 schemes.

After 6 months I decided to go to another place and the contract ended.
He took from my deposit 300 pounds, 160 pounds because he said I spent too much electricity (which is not true and I always did a fair use) and the room was advertised as bills included. Even I have an email from him that says that, that bills are included.
Without mentioning that he ignored all my messages and only after 25 days, after I told him I was going to start legals actions, he pay me back a part of the deposit. And other small details, 140 pounds, in total 300, but all of them very unfair.

So, I decided to start legal actions agains him. Here I see I have to send the Before Action Letter and then later use moneyclaim.gov.uk/web/mcol/welcome
But in that website there is a pre-action document that says we have to do everything to avoid court, only use it as the last option, and it mentions that we should try to use alternative dispute resolution (ADR) or mediators as well. And if any of the parts don't want, the court will take that into account.

That is my question, in disputes about non-protected deposits, what alternative dispute resolution and or mediators are available?

Thanks a lot.

Cakeguts

I am not convinced that you did have a tenancy regardless of what the piece of paper says. If the landlord lives in the same property it would be more normal for you to have been a lodger. If you were a lodger the landlord does not have to protect your deposit.

You may have to use the small claims court to get the money back.

Ricardo1980

Thanks Cakeguts for reply.

The question about tenant-lodger was already discussed in another thread, where btw you can see a copy of the contract. I will manage that in the future, not now, for the 3 claim compensation.
forums.moneysavingexpert.com/showthread.php?p=70649846&utm_source=MSE_FS&utm_medium=Email&utm_term=10-May-16


But my question here is about the steps to claim those 300 pounds he took from my deposit.
Do I send a before action and letter and then later open a small claims court? Or is there any alternative before going to court as the pre-action doc says? (ADR, mediators...)
Of course, if opening a small claims court is what I have to do, I will do it, but not sure if there are some steps in the middle.

Thanks.

Guest101

Ricardo1980 wrote: »

Thanks Cakeguts for reply.

The question about tenant-lodger was already discussed in another thread, where btw you can see a copy of the contract. I will manage that in the future, not now, for the 3 claim compensation.
forums.moneysavingexpert.com/showthread.php?p=70649846&utm_source=MSE_FS&utm_medium=Email&utm_term=10-May-16


But my question here is about the steps to claim those 300 pounds he took from my deposit.
Do I send a before action and letter and then later open a small claims court? Or is there any alternative before going to court as the pre-action doc says? (ADR, mediators...)
Of course, if opening a small claims court is what I have to do, I will do it, but not sure if there are some steps in the middle.

Thanks.

If you are simply after the £300, then there is no need to even mention the non protected status - as suing for non protection in most cases cannot be done via small claims ( it is not money owed ).

Letter before action, then MCOL - for the £300 only.