Deposit Retention Procedure

1. Purpose

Bourne End Village Hall aims to deal with all security deposit decisions fairly, consistently and transparently. This procedure enables any hirer who disagrees with the retention of some or all of their security deposit to request a formal review of the decision.

This procedure should be read alongside the Village Hall’s Terms of Hire, particularly Sections 12 (Payment), 13 (Deposit) and 16 (End of Hire).

 

2. Initial notification of deposit retention

Where the Village Hall Management Committee decides to retain some or all of a security deposit, the hirer will be notified in writing, normally within 28 days of the hire date.

The notification will explain:

  • The reason for the proposed or actual retention, referring to the relevant Terms of Hire.
  • The amount being retained and, where applicable, a breakdown of the costs involved.
  • Any supporting evidence available, such as photographs, cleaning records, inspection notes, invoices or details of reported noise or nuisance.
  • How the hirer can challenge the decision under this procedure.
  • Where the retention relates to damage, cleaning or other costs, the amount retained should be reasonable and proportionate to the issue identified.

 

3. Raising a dispute

A hirer who disagrees with the decision may request a review in writing by emailing the Village Hall booking administrator at bookings@bourneendvillagehall.co.uk.

The request should be submitted within 14 calendar days of the date of the deposit retention notification and should include:

  • The hirer’s name and booking reference.
  • The date of the hire.
  • The amount of the deposit retained.
  • The reason the hirer believes the decision should be reconsidered.
  • Any supporting information or evidence they wish the Committee to consider.

If a hirer needs additional time to submit their complaint, they should contact the booking administrator as soon as possible, explaining the reason for the delay. Reasonable extensions may be granted.

 

4. Acknowledgement and review

The booking administrator will acknowledge receipt of the complaint within five working days.

The complaint will be referred to the Village Hall Management Committee for review. Wherever reasonably possible, the review should be conducted by a trustee or committee member who was not directly involved in the original decision.

The reviewer will consider:

  • The relevant Terms of Hire and any instructions or checklist provided to the hirer.
  • The findings of the post-hire inspection.
  • Any photographs, reports, invoices, cleaning records or other relevant evidence.
  • Any information provided by the hirer.
  • Whether the amount retained is reasonable and proportionate to the circumstances.

Where the complaint concerns a noise or nuisance report, the Committee will consider the information available about the incident, including its nature, timing and any corroborating evidence.

The review will be based on the available evidence and the balance of probabilities. The fact that a complaint has been received will not, by itself, automatically establish that a breach of the Terms of Hire occurred.

 

5. Decision and response

The Committee will aim to provide a written response within 15 working days of acknowledging the complaint. If further investigation is required, the hirer will be informed of the reason for the delay and given an indication of when a response can be expected.

The written decision will explain the outcome and the reasons for it. The Committee may decide to:

  • Uphold the original decision to retain the deposit in full.
  • Partially uphold the decision and refund some of the amount retained.
  • Overturn the decision and refund the retained amount in full.

Where a refund is due, the Village Hall will arrange payment within 28 calendar days of notifying the hirer of the decision, subject to receiving any necessary payment details.

 

6. Further escalation

If the hirer remains dissatisfied after the review, they may submit a written request for a further review within 14 calendar days of the decision.

Where reasonably practicable, this further review will be considered by a trustee or small group of trustees who were not involved in the original decision or the first review.

The further review will consider whether the procedure was followed fairly, whether relevant evidence was considered and whether the decision was reasonable in the circumstances.

A written response will normally be provided within 15 working days. This will represent the end of the Village Hall’s internal complaints process.

Nothing in this procedure prevents either party from seeking independent advice or pursuing any legal rights or remedies available to them.

 

7. Record keeping and confidentiality

The Village Hall will keep a record of deposit retention decisions and any associated complaints, including the evidence considered, the outcome and any refund made.

Records will be handled confidentially and in accordance with applicable data protection requirements. Information will only be shared where reasonably necessary for investigating the complaint, administering the booking or meeting legal obligations.

 

8. Fair and consistent application

All complaints will be considered on their individual circumstances. The Committee will seek to apply the Terms of Hire consistently, taking account of the nature and seriousness of any breach and the evidence available.

This procedure does not remove the Management Committee’s responsibilities under the Terms of Hire or prevent it from taking appropriate action where damage, loss, additional cleaning, nuisance or other breaches have occurred.

Approved by: Bourne End Village Hall Management Committee

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