January has arrived and with it comes an influx of gym memberships and diets, with everyone making their New Year’s resolutions as they begin 2026 with new goals, aspirations, and plans.
The word “resolution” however is what’s known as a homonym, and here we’re talking about a completely different meaning for the word – as the action of solving a problem or contentious matter. Tenancy deposit schemes in Scotland offer free Alternative Dispute Resolution (ADR) for instances where the tenant does not agree with a claim the landlord has made for part or all of the deposit, as an alternative to taking the case to court. ADR is typically a much faster process than the courts system, and begins with self-resolution.
What is self-resolution?
Self-resolution is exactly what it says on the tin. It is often the case that disputes can be resolved without the need to ever be taken to an adjudicator, simply by both parties discussing the matter with each other. By having this discussion, the tenant and landlord may be able to arrive at an agreement that suits both parties, and avoid going through the later stages of the ADR process.
SafeDeposits Scotland uses an online chat box to facilitate self-resolution. Both parties will be given the opportunity to communicate through the chat box. If they cannot come to an agreement, the case will be moved on to end of tenancy dispute resolution, where the case will be placed into the hands of an adjudicator. It is worth keeping the communication line open during the later resolution stages, so that the landlord and tenant can still negotiate and attempt to come to an agreement.
The adjudication process
Next up is the adjudication process. This involves an adjudicator making a decision on whether or not the deposit claim is valid, and if the full claim, or a reduced amount, should be awarded to the landlord. The adjudicator will never visit the property, nor will they meet either party involved. They will be completely unbiased in their decision-making process, and will make their decision based on evidence that they have been provided with.
As it is the landlord who is making the claim for the deposit, the onus to provide evidence supporting the claim lays with them. This will involve important documents relating to the tenancy including the tenancy agreement, check-in and check-out reports. Depending on the type of claim being made, other relevant evidence may also be submitted, such as cleaning receipts or rent statements.
After the landlord has submitted their evidence, the tenant will be given an opportunity to view the evidence and submit any counter-evidence. The adjudicator will then take all of the evidence provided into consideration when making their decision, which will be detailed in a report that both parties will receive.
Resolving mid-tenancy disputes
For disputes that occur while the tenancy is ongoing, tenants and landlords can look to Tenancy Redress Service for help. Tenancy Redress Service, operated by the TDS Group, is a free-to-use conciliation and mediation service for resolving mid-tenancy disputes.
The service works in a very similar way to the self-resolution process, opening a channel of communication between both parties to discuss mid-tenancy issues, including missed rent payments, disrepair, or antisocial behaviour. The tenant and landlord will be given a chance to discuss the issue and attempt to come to an agreement with each other.
