If no agreement can be reached during negotiation, the case can be referred to the mydeposits resolution team who will try to reach a successful outcome.
The case will be assigned to a case assessor who will:
Where a successful resolution has not been reached, the case will be referred to an adjudicator who will assess all the evidence and issue an outcome.
Either party can choose to take the case to resolution after one full round of negotiation. This can be done by clicking on 'Initiate resolution' on the right of the screen.
Insured-backed only: Before the property manager can initiate resolution, the disputed amount must be fully lodged with mydeposits. The 'Initiate resolution' option will be unavailable until the resolution amount is fully lodged.
This is the chance for both parties to confirm their finalevidence before resolution is started. This is the last opportunity to review evidence and any comments that have been made, so both parties should check through everything they have provided.
Once confirmed, all the evidence will be referred to a case assessor who will initially review the case.
Insured-backed only: If the property manager has not yet lodged the disputed amount, they must do so during this stage. The relevant timers and deadlines for lodging will be displayed on screen.
Both parties will have 5 calendar days to confirm their final evidence, starting from the next working day after resolution is started.
If you have already provided all the evidence you feel is relevant, you can confirm your evidence immediately, or wait for the timer to expire.
If a party has already provided all the evidence they feel is relevant, they can confirm their evidence immediately, or wait for the timer to expire.
Any evidence that is not confirmed within the time allowed will be automatically confirmed when the deadline has passed. The evidence will then be referred to a case assessor who may or may not request additional evidence.
If neither party confirms their evidence during the time allowed, both sets of evidence will be automatically confirmed and referred to the case assessor. The case assessor may or may not request further evidence.
mydeposits will attempt to resolve the case in the quickest time possible, but the resolution process can take up to 90 days to complete. In most cases, the case assessor will either resolve the case within 28 days or refer it to an adjudicator within this time. The adjudicator will have another 28 days to issue the outcome.
The comments and reasoning of the case assessor or adjudicator will be shown underneath each settlement on the release request tab. The comments can be viewed by logging into the online portal and selecting the relevant release request.
Yes, once an outcome has been provided by the adjudicator, a link will appear at the top of the 'Settlements' section which can be clicked on. This information can also be found here.
Any amounts awarded will be paid within 5 working days.
Under the insured-backed scheme, the deposit is held by the property manager rather than mydeposits. If resolution is initiated, the property manager is required to lodge (transfer) the unresolved amount with mydeposits so that the funds can be distributed according to the resolution outcome. Timers showing the deadlinefor lodging will be displayed on the property manager's dashboard and within the release request.
To lodge the unresolved amount, the property manager must:
A preferred payment method can be set as the default for future payments. The payment method for an in-progress payment can also be changed if needed.
Important: The 'Initiate resolution' button will remain unavailable for the property manager until the full unresolved amount has been lodged. Relevant timers showing the deadline for lodging will be displayed on the property manager's dashboard and within the release request.
If the full unresolved amount has not been lodged with mydeposits and the deadline has passed without an extension, the case will be referred for 'default' adjudication. The property manager will be notified that resolution has been defaulted and what effect this has on the case and their insured-backed membership. Mydeposits will still pay the tenant the amount determined by the adjudicator, regardless of whether the property manager has lodged the unresolved amount.
Yes, either party can choose to take the case to court. However, if the property manager has not lodged the unresolved amount and the case is defaulted, the next step will be to proceed to resolution (ADR) rather than court, even if the property manager's preferred method was court.
Either party (tenant or property manager) can choose to take their case to court, rather than use the mydeposits resolution service, by clicking on 'Initiate resolution' and selecting 'Take to court'.
For insured-backed deposits: The property manager will need to lodge the deposit before the 'Take to court' option becomes available. If the deposit has not been lodged, this option will be disabled.
The first party (tenant or property manager) choosing the court option must provide evidence of court proceedings being started within six months of making that choice.
The mydeposits resolution team will then review the court documents and
Once the court order has been issued:
The resolution team will then review the court order and release the deposit in line with the instructions in the order. They may ask for additional information or documents if needed
The party who chooses court has 6 months to provide evidence of court proceedings being started. This time begins from the day 'Take to court' is selected.
Either party can provide evidence of court proceedings being started by uploading documents under 'Evidence of court initiation' in the 'Resolution' section ofthe release request tab.
If no evidence is received in the time given, the deposit will be released to the party who did not choose court.The party who did not choose court will be informed that the allowed time is expiring. They will be able to release the deposit by logging onto their portal, going to the relevant release request and confirming the declaration.
The mydeposits resolution team will review the court documents and:
Once the court order has been issued, either party can upload it to the mydeposits system by attaching the document under 'Court outcome' in the 'Resolution' section of the release request tab.
Yes, the party who initially chose court can move the case back to resolution if they would prefer to use the mydeposits resolution service.This can only be done once, and the case must then proceed through there solution process.
Note: If the case was moved to court by an internal user (rather than byone of the parties), the 'Back to resolution' option is not available to the parties.
Once the mydeposits resolution team have received the final court order and review edit, the unresolved amount will be released.
Either party (tenant or property manager) can choose to take their case to court, rather than use the mydeposits resolution service, by clicking on 'Initiate resolution' and selecting 'Take to court'.
For insured-backed deposits: The property manager will need to lodge the deposit before the 'Take to court' option becomes available. If the deposit has not been lodged, this option will be disabled.
There solution panel is where tenants and property managers can find any active release requests for both custodial and insured-backed deposits. To access it, they should click on 'Resolution panel' on the left of the screen, under the 'Activity' section.
They can find it:
The 'Status' reflects the current position of the case in the release process.
A 'Resolution status' means the resolution team has received the case and it is currently being assessed or adjudicated.
The clock symbol means a new settlement proposal has been made by the other party which requires the user's attention.
A message symbol with a red dot on the right of the screen, next to there solution status, means there is a new unread chat message from the other party. The user can go directly to the message by clicking on the symbol, or onthe release request ID.
The activity panel provides a timeline of events relating to the release request(s). It shows times and dates of various actions taken by both parties as well as the resolution team. Users should check the activity log for any updates, as this is the quickest way to find answers to questions and may avoid the need to contact mydeposits.
The deposit scheme type is displayed on the release request details page. The user can check this by clicking on the release request ID beginning with 'RR' from he resolution panel.
There solution panel displays all active release requests regardless of whether they are custodial or insured-backed. The scheme type can be identified by opening the individual release request.
The resolution panel works the same way for both scheme types. However, there are differences in the resolution process itself — for example, negotiation time limits and available options (such as single release) may differ between custodial and insured-backed deposits. The resolution panel and activity log will always reflect the correct process for the relevant deposit type.
Once a resolution outcome has been issued, the comments and reasoning can be viewed under each settlement on the release request tab via the online portal. The user should click on the release request ID from the resolution panel to access this.