The alternative dispute resolution (ADR) service, is a free service designed to resolve disputes without the parties going to court. If you agree to have your issues resolved with the ADR service, their decision will be final and you will not be able to go to court afterwards if you are unhappy with the decision. They will decide on the amount you will get back and the tenancy deposit scheme will then pay the money to you. Court action may be taken if; neither you or your landlord wants to use the ADR service or where your landlord has not done something which is required by law in relation to the tenancy deposit protection.
You cannot receive compensation or make a tenancy deposit scheme if your tenancy ended before 6 April 2012. After this date the court can consider, compensation, fines and where necessary ordering the landlord to put the deposit into a scheme.
There is a special procedure which private landlords often use to evict tenants by giving two months' notice (called a section 21 notice) without having to give reasons. If your landlord tries to evict you and your deposit is not protected, or fulfilled their legal requirements, the procedure is likely to be denied by the court and only likely to be granted if;
The deposit is returned in full
An agreed amount is returned to you
The required information is provided to you
You make a tenancy deposit claim and the issues are resolved or withdrawn
It is essential to seek further advice from a specialist housing adviser if you have any issues or disputes and before going to court.