FAQs For Agents

Yes. 98% of tenancies registered with TDS are resolved without using our service. We may return a dispute if we feel the parties haven't tried to deal with it before it was sent to us.

We aim to apply the following timetable:

Action Day
Dispute received (and deposit, if referred by landlord/agent) 1
We acknowledge receipt of papers if requested 2
We establish that TDS can deal with the dispute 2
We inform and copy the papers to the other party(ies) 3
The other party(ies) submit their response and their agreement to
our adjudication (and deposit ,if not initially referred by Member) 13
We send all the papers to the adjudicator 16
The adjudicator submits their report 26
We publish the adjudication decision 35
We pay out the deposit as specified in our decision 40

However, we are not always able to keep to this timetable. Sometimes a dispute raises issues which need specialist advice e.g. on matters of law and this may take further time to resolve. When the other party(ies) to the dispute send us their side of the story, they may raise new issues. If they do, we will give you the opportunity to comment on them before we proceed with the adjudication. In some instances one of the parties may be unavailable e.g. out of the country, or in hospital, and one or both of the parties may reasonably ask for an extension in these instances. TDS has the power to be flexible with the deadline for responses, and generally will be if it is clear that something has happened that genuinely stops you from meeting the timescales e.g. you have to go into hospital; you have exams; you will be on holiday; etc.

No, we will deal with any dispute however small the sum although our approach may vary if only a little money is involved.

You should consider whether the amount involved is enough to justify the time and effort you will have to put into completing the Notification of a Deposit Dispute Notification of a Deposit Dispute or Response to Dispute form and gathering evidence to support your case. The landlord and agent will also need to make the same assessment. Please be aware that TDS does not award sums in addition to the amount claimed or in excess of the deposit.

Within 30 days of receiving the deposit, the deposit holder will have registered it on the TDS database.

This will have generated a Tenancy Deposit Protection Certificate which should have been sent to the tenant.

A dispute can be registered at any time after 10 days from the lawful end of the tenancy, but not later than three months from the lawful end of the tenancy.

The landlord or the agent must tell the tenant within 10 working days of the end of the tenancy if they propose to withhold any of the deposit. The landlord/agent should attempt to resolve the dispute within 10 working days. If they cannot do so, or the tenant remains dissatisfied, the dispute should be referred promptly for resolution by the TDS or the courts.

We recognise that it is in everyones interests to resolve a dispute as quickly as possible. We make our best endeavours to complete the whole process in about 40 working days.

The ICE appoints an adjudicator to consider the evidence submitted by the parties, and decide how the disputed amount should be paid out. In determining awards, the adjudicator may have regard to publicly available sources of information such as high street stores and services and products on the internet, but the party making a claim should present detailed invoices or receipts which support their claim(s).

If it is obvious that a key document is missing e.g. the page in the tenancy agreement which contains the clauses relevant to the dispute, the adjudicator may ask for them. But as a general rule, the adjudicator will base their considerations solely on the evidence presented. We will review the case and the adjudicators report, make any changes that are necessary, and then send the report to the parties.

On being advised that an agent has ceased trading, gone into liquidation or has been declared bankrupt, the agent is sent a notice advising them that their membership is to be terminated, giving them 14 days to respond.

If the agent does not respond within 14 days, or responds but do not provide a satisfactory reason for their membership to continue, they are sent a second letter advising them that their membership of TDS has now been cancelled. At this time a letter is sent to all tenants who have tenancies registered with TDS, advising them of the date on which deposit protection will cease under TDS. When an agent goes into liquidation, TDS will normally take steps to terminate their membership of the Scheme. The length of time for which a deposit will be protected when membership ends, is driven by which years membership is being ended:

* 6 April 2010 to 5 April 2011; TDS will continue to protect registered deposits for 12 months from the initial start date of the tenancy or for a period of 3 months from the date membership ends, whichever is the later. (Tenancy Deposit Scheme: Rules of Membership, 5th Edition, paragraph 12.1)

* 6 April 2011 onwards: TDS will continue to protect registered deposits for 3 months from the date membership ends, or until the landlord/agent make alternative arrangements for the protection of any deposit with another scheme, whichever occurs first.. Access to alternative dispute resolution only remains available during the 3 month period referred to if the actual end date of the tenancy is within that 3 month period. (Tenancy Deposit Scheme: Rules of Membership, 6th Edition, paragraph 12.1)

TDS will treat a request for the deposit as a dispute in the normal way i.e. make an adjudication and allocate the deposit in accordance with it except that we are only able to make a payment to the tenant. The landlord has to register as a creditor in respect of their share of any award.

If your dispute is not about the deposit, TDS will not be able to help you and you will need to take your dispute down a different route.

If your dispute is with the agent, you will have to take that up with them, or any professional body to which they belong. For instance, you may wish to make enquiries to see whether the agent is a member of either the Association of Residential Letting Agents (ARLA), the National Association of Estate Agents (NAEA), the Royal Institution of Chartered Surveyors (RICS), the National Approved Lettings Scheme (NALS), the Ombudsman for Estate Agents, or a similar trade association or regulatory body.

If your dispute is about a landlord, or an agent who is not a member of one of the professional bodies listed above, please ask for assistance from your local Citizens Advice Bureau, Housing Advice Centre, Law Centre or other advice organisation.

A tenant may feel that they have a counterclaim against the landlord, or may think that the landlords claim should be reduced because of what they regard as a failure on the landlords part. Please be aware TDS cannot deal with these types of issue in the adjudication. If they are important to a particular case, the parties may wish the dispute to be resolved in the county court.

The Independent Case Examiner will not normally accept disputes sent to TDS more than 6 months after the end of the tenancy (for tenancies which began before 6 April 2011) or more than 3 months after the end of the tenancy (for tenancies which began on or after 6 April 2011)

The ICE may reject a case if, in his opinion it is:

being pursued in an unreasonable manner;
frivolous;
vexatious;
seeking to raise again and, unreasonably in our view, matters which:
a) we have already adjudicated upon;
b) have already been settled by another similar dispute resolution process; or
c) have been determined by the courts.

The ICE may at his discretion at his discretion award a tenant the disputed amount without adjudication where: the deposit holder has not paid their Membership Subscription, or the correct Deposit Protection Charge, in full ; the full disputed amount has not been submitted within the required time; the tenant was not given a written tenancy agreement; there is a written tenancy agreement but it does not contain appropriate clauses relating to TDS; there is either no check-in or no check-out inventory report; in the ICEs opinion the landlord/agent has unreasonably sought to delay the repayment of the deposit or the referral of the dispute; the Prescribed Information has not been given to the tenant;- the Member has not complied with any Scheme Rule

We normally pay any award within 5-10 working days of publishing the adjudication report. We can pay by bank transfer or cheque. You should include your payment preference and bank details on your Notification of a Deposit Dispute Notification of a Deposit Dispute or Response to Dispute form. Only in the most exceptional circumstances will we be able to pay out in cash.Where there is more than 1 tenant named on the tenancy agreement, we will pay out any amount awarded to the tenants equally to each of the tenants named in the tenancy agreement, unless told otherwise. Requests for payments to a third party (i.e. a guarantor), or to make a different allocation of any award between tenants, must be made in writing and signed by all tenants named on the tenancy agreement.

TDS is an insurance based Tenancy Deposit Scheme and as such, does not hold deposits. Our Members do, and any interest earned on the deposit during the tenancy will be payable as specified in the tenancy agreement.

We retain any interest earned on disputed deposits disputed deposits held by us. We do so for a number of practical reasons. The interest earned on deposits held by us is modest, given the relatively short periods for which individual deposits are held. Were we to account to members for the interest earned, the time and cost involved would outweigh any practical benefit of doing so, and only serve to increase TDS operating costs which are ultimately borne by our members. We would also have to charge for the administration costs of dealing with the resulting tax liabilities, however small. These constraints were specifically recognised by [the Department of] Communities and Local Government when granting us a contract to run a tenancy deposit protection scheme. Any interest that we do earn is ploughed back into TDS operating costs.

No. We will continue with the adjudication regardless, unless one or other party tells us that they do not consent to adjudication. If we have not received the deposit from the Member we will make a claim from the TDS insurers and pursue the Member for reimbursement.

If the other part(ies) do not give a response to your evidence, we will continue with the adjudication without it.

If only part of the deposit is sent to us, we will continue with the adjudication regardless. If we make an award to the tenants, they will be paid first. There may therefore be a shortfall in the amount available to settle an award to the landlord or the agent. They will need to resolve this between themselves.

We are only able to consider documentary evidence (including photographs and video) in our adjudications. In our experience, physical evidence is of limited use in substantiating or defending a claim. It does not allow the adjudicator to assess any deterioration in an items condition between the start and end of a tenancy, in the same way that a comparison between check in and check out inventories can do. You may however wish to submit a professional report from a suitably qualified person who can give an opinion to support your claim.

The deposit holder must send TDS the total amount of the deposit that is in dispute. This may be the full deposit. However, where there is an agreement over part of the deposit, then this part must be returned to the parties in accordance with that agreement and the amount in dispute sent to TDS i.e. the deposit holder must send the full deposit less any amount(s) already agreed by the parties and paid over to them. Failure to send the disputed amount to TDS will not delay the adjudication.

If the deposit holder does not send the disputed amount to us, we will pay any sum due to the tenant in accordance with the award made in our adjudication. We will take appropriate action to recover the disputed amount from the deposit holder. We will claim back any amount paid by us from our insurers if the agent is unable to pay the amount due e.g. where they have become insolvent.

First of all, we establish the following:
Have the parties sent all the documents we need e.g. a full copy of the tenancy agreement?
Has the landlord/agent paid their TDS membership subscription, or any required Deposit Protection Charge, in full?
Has the landlord/agent sent the correct sum in dispute?
How much is in dispute?
How many issues are in dispute?
Would this matter be better resolved by formal adjudication or other means e.g. by the courts or by the ICE or one of his colleagues talking to the parties to see if we can help you reach agreement without a formal adjudication?

Once the tenancy has come to an end, the parties need to follow the steps set out in the tenancy agreement to try to reach agreement. Where they have been unable to agree any proposed deductions, they may raise a dispute with TDS.

We are specifically excluded under Statutory Instrument from adjudicating where, despite making reasonable efforts to do so, the Landlord or the Agent are unable to contact the Tenant, or the Tenant is unable to contact the landlord or the Agent. Please follow the procedure set in Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) paragraphs A18-A21 or take action through the Court system to get a judgment for the return of, or deductions from, the Deposit.

A "pet deposit" is a tenancy deposit within the definition contained in section 212(9) of the 2004 Act and therefore needs to be protected under a tenancy deposit scheme. We think that if it were a non-refundable fee, it would fall outside the scope of the tenancy deposit protection provisions and therefore we would not be able to deal with the dispute over its return. But if a pet deposit has been paid to a landlord for the purpose of ensuring that the house is properly cleaned at the end of the tenancy, and with a view to returning it if the house is clean, then it is a deposit that needs to be protected. We consider that a pet deposit paid mid-way through a tenancy will not amount to a replacement tenancy, as the tenancy agreement may already contain provision for the payment of an additional deposit - but the additional deposit will need to be protected.

When a mortgagee/lender enters into repossession he is entitled to receive income, including rents and profits. In that case, he would effectively take over any rights and liabilities the landlord would have in relation to the deposit, including the right to dispute a claim made by a tenant for the return of the deposit.

Please be aware that when you sign a Notification of a Deposit Dispute Notification of a Deposit Dispute or Response to Dispute form, you must agree that TDS' decision is final and binding. There is no appeal against our decision, although you can complain about the way your case was handled should you feel this is necessary (please see Complaining about the way TDS handled your case ).

If you send any photographs or videos you must sign them, show the date on which they were taken and indicate which part of the dispute they relate to. Two copies must be provided, one for us and one for the other party.

To start a dispute you must complete a Notification of a Deposit Dispute Notification of a Deposit Dispute form, and send it to us . This will tell us what the dispute is about and who is involved. If you have difficulty with completing the form, please ask someone to help you. You can obtain the form via our website or alternatively we can send this form to you by post upon request.

Has the landlord/agent had the opportunity to resolve the dispute? If not, the tenant must let them try to do so first. TDS may return a dispute if we feel the parties have not tried to deal with it before sending it to us. The tenancy agreement will tell the parties what steps they need to take to try and agree any proposed deductions from the deposit. If the tenant has done this, the tenancy has come to an end and they have been unable to reach agreement with the landlord/agent, they can raise a dispute with TDS.

We will check that the dispute is one we can deal with and that it has been sent to us in time. We will also check that you have filled in the Notification of a Deposit Dispute Notification of a Deposit Dispute form properly and sent a complete copy of the tenancy agreement. If not, we will return your paperwork to you. If everything is okay, we will acknowledge receipt of your dispute and send it to the other parties for their response.

You need to send us all the evidence you want us to take into account when dealing with the dispute. You will find a check list on the Notification of a Deposit Dispute Notification of a Deposit Dispute or Response to Dispute forms to help you - but as a minimum we need a copy of the tenancy agreement. It is important that you send us all the information you feel is necessary to support your case. Our adjudication will be made on the basis of what we receive from the parties to the dispute. We do not look for evidence and we will not normally ask the parties for additional information. Please be aware we will not be able to accept additional evidence after the case has been sent to an adjudicator. Nor will we be able to accept any new evidence after the adjudication has been completed. It is therefore important that you send all your evidence to us with your Notification of a Deposit Dispute or Response to Dispute within the specified time limits.

The other parties to the dispute will be sent a Dispute Response Dispute Response form, with a copy of part 3 of the Dispute Application Form, and asked to give their side of the story. It is important that they send us their evidence too. It sometimes happens that the person who raises the dispute does not present the full or correct picture. Occasionally in their response, the other parties will raise new matters. This and any evidence you submit to TDS (other than personal details) will be available to view via our online portal by all parties involved in the dispute. Details of how to access any evidence will be provided in the acknowledgement letter sent to you after a dispute has been raised. G iving you the opportunity to comment on them before we proceed with the adjudication. In submitting their Dispute Response form, the other parties also agree that our adjudication is final and binding.

If one of the other parties to the dispute raises it with us, it is important that you send us your evidence too. We will write to you with a request for you to give your side of the story. We will enclose a copy of the other party's Notification of a Deposit Dispute Notification of a Deposit Dispute , together with a Response to Dispute form for you to complete and return to us within the timescale set down within our letter i.e. 10 working days from the date of the letter. We will not be able to accept additional evidence after this deadline has passed and your case has been sent to an adjudicator. Nor will we be able to accept any new evidence after the adjudication has been completed. We recommend that you send us your Response to Dispute form, together with supporting evidence, by email or post but you can also submit these to us by facsimile.

Examples of the types of documents that are useful for an adjudication are:

Tenancy agreement(s)
Check-in report, together with a signed inventory and signed schedule of condition
Vacating Instructions
Check-out report, together with a signed inventory and signed schedule of condition
Dated (manually or digital) and signed photographs (if available)
Schedule of costs of works sought from the deposit together with estimates, invoices, receipts and photographs if available
Statement of the rent account
Copies of relevant correspondence especially concerning the proposed settlement of the dispute.

Please remember: if you want us to take into account a particular document, photograph etc. you must send it to us. TDS will not look for evidence on your behalf.

The total amount in dispute must be forwarded to TDS by the Member. This may be the full deposit. Where there is agreement over part of the deposit then this must be returned to the parties in accordance with that agreement and the amount in dispute forwarded to TDS. i.e. the deposit holder must send the full full deposit, less any amounts already agreed by the parties and paid over to them. Failure to do so will not delay the adjudication but we will take appropriate action to recover the deposit and discipline the Member.

In situations where deposits have been misappropriated by an agent, TDS will protect the tenant, as required by the legislation. Disputes raised will be adjudicated in the normal way and TDS will pay out any awards to the tenant. This reduces the risk to the landlord of the tenants taking action against them to recover misappropriated/lost monies. TDS is unable however to pay out any awards made to landlords. If a landlord believes they have suffered a loss due to misappropriation of funds by the agent, and an award is made by TDS in their favour, they must make a claim with the liquidator and become a creditor in the usual way.

The parties may go to court if they prefer. TDS can only deal with a dispute if both the tenant and the landlord agree that they want us to do so (except where the landlord refuses to make any decision, in which case we will deal with the dispute if it is referred to us and not the Court). Most people however prefer the TDS route because they feel that our way of resolving disputes will be quicker, cheaper and less stressful. Like the courts, the Independent Case Examiner is also independent and authoritative.

TDS can only deal with claims against the deposit. We cannot deal with counterclaim issues in our adjudication. If a tenant feels that they are important to their case, they may wish their dispute to be resolved in the county court.

All parties to the dispute must complete the Notification of Deposit Dispute Notification of Deposit Dispute or Response to Dispute and agree that our decision shall be final and binding. There is no appeal against our decision but you are entitled to complain about the way your case was handled should you feel this is necessary (please see Complaining about the way TDS handled your case ).

Please be aware we are unable to deal with a dispute once we receive notification that one party has chosen to proceed via Court. As part of any Court proceedings, it is possible that the Court may deal with the case as a whole to include the return of the deposit, any claim for rent arrears, dilapidations and/or any counterclaim issues. TDS will await the conclusion of the Court proceedings and receipt of a Court Order containing directions as to the distribution of the disputed deposit. The parties shall need to ensure that any Court Order granted contains a specific direction about the deposit monies so that TDS can release the funds held.

In accordance with The Housing Act 2004, Schedule 10, paragraph 6(4)(a) TDS, as the Scheme Administrator, is obliged to make payment, where one party has chosen to proceed via the courts, if:

1. the Court Order issued is specific. It clearly sets out what the judgement was for e.g. rent arrears or damage to the property and directs TDS to make payment from the deposit. If a Court Order merely states that an award is made, without being specific, the parties will need to obtain a direction from the Court specifying the outcome of the proceedings and directing how the deposit is to be used and distributed; and

2. any Court Order granted is final i.e. either the time limit for appeal has expired without an appeal being filed or, if an appeal was made, the appeal has been disposed of; and

3. no payments have been made either in full or in part that will affect the amount TDS pay and to whom.

The party who obtains the Court Order should ensure that it meets the criteria above. TDS will not contact the Court for further information.

The Independent Case Examiner will not normally accept disputes sent to TDS more than 6 months after the end of the tenancy (for tenancies which began before 6 April 2011) or more than 3 months after the end of the tenancy (for tenancies which began on or after 6 April 2011)

We will deal with any dispute, however small the sum although our approach may vary if only a little money is involved. However, you should consider whether the amount involved is enough to justify the time and effort you will have to put in to completing the Notification of a Deposit Dispute Form Notification of a Deposit Dispute Form and gathering evidence to support your case. The tenant will need to make the same assessment. Please note that TDS does not award sums in addition to the actual amount claimed.

If it isnt, you will need to take it down a different route.

If your dispute is with an agent, please consult one of the professional bodies concerned e.g. the Association of Residential Letting Agents (ARLA), the Royal Institution of Chartered Surveyors (RICS), National Association of Estate Agents (NAEA) or the National Approved Lettings Scheme (NALS).

If it is about an agent who is not a member of one of these bodies, please ask for assistance from your local Citizens Advice Bureau, Housing Advice Centre, Law Centre or other advice organisation.

TDS can only deal with claims again at the deposit. We cannot deal with counterclaim issues in our adjudication. If they are important to your case, you may wish your dispute to be resolved in the county court.

An agents membership of the Scheme may come to an end due to:

(1) non-membership of ARLA, NALS, NAEA, RICS or the Law Society;
(2) liquidation, or
(3) non-payment of subscriptions due to change of scheme provider.

The length of time for which a deposit will be protected when membership ends, is driven by which years membership is being ended:

* 6 April 2010 to 5 April 2011; TDS will continue to protect registered deposits for 12 months from the initial start date of the tenancy or for a period of 3 months from the date membership ends, whichever is the later. (Tenancy Deposit Scheme: Rules of Membership, 5th Edition, paragraph 12.1)

* 6 April 2011 onwards: TDS will continue to protect registered deposits for 3 months from the date membership ends, or until the landlord/agent make alternative arrangements for the protection of any deposit with another scheme, whichever occurs first.. Access to alternative dispute resolution only remains available during the 3 month period referred to if the actual end date of the tenancy is within that 3 month period. (Tenancy Deposit Scheme: Rules of Membership, 6th Edition, paragraph 12.1)

In the case of (1) and (3) above, TDS will advise the agent and the tenant that they would have to make new arrangements for registration of the deposit in relation to the property with one of the other two deposit protection schemes.

For ASTs Member agents pay an annual subscription and there is no separate charge for referring a dispute.

For Non-ASTs - There is a charge of 500 +VAT, or 10% of the deposit plus VAT whichever is the greatest.

1. Login as a Member with authority to view the specific tenancy.
2. Select My Tenancies from top menu bar.
3. Select associated branch by clicking on branch name.
4. Select associated landlord by clicking view.
5. Select tenancy by clicking view.
6. Select what to do at end of tenancy on the right hand side.
7. Select type by clicking the relevant radio button.
8. Please fill in the appropriate section of the form to the right of this.
9. Add a note if necessary.
10. Click Update tenancy.

NB: - At the end of a tenancy, it can be renewed, made periodic, ended without dispute, ended in dispute or deleted. Archiving of tenancies will occur overnight, so they will still appear in the list of live tenancies until the update.

WARNING: We will not be liable for tenancies deleted from or added to our database in error.

IF YOU ARE A MEMBER, WHEN YOU SEND IN A DISPUTE, PLEASE ENSURE THAT YOU HAVE ENDED THE TENANCY ON THE DATABASE. TDS WILL NOT DO IT FOR YOU.

If you are a landlord member of TDS, you cannot end the protection of a registered tenancy deposit online. The protection of your deposit expires automatically at the end of the tenancy agreement you have registered on the TDS Tenancy Database.

You can update the tenancy deposit to reflect that the tenancy agreement has or will continue on a same terms statutory periodic tenancy but if you renew the tenancy or there is a change in terms, you should re-register the tenancy deposit afresh.

Yes. The legislation effectively does away with the ability to hold the deposit as Agent for the Landlord and to use at the landlords discretion. It prohibits the holder of the deposit from paying out the deposit without the agreement of the landlord and tenant. A disputed deposit can only be paid out following a decision by an adjudicator or the courts. Even if a landlord wishes to insist that the agent holds the deposit as Agent for the Landlord, the agent would not be able to release any of the deposit to the landlord, at any point during the tenancy.

No. A holding deposit is not a tenancy deposit for the purposes of section 212 of the Housing Act 2004 and will not be required to be held under an authorised scheme. A deposit is only required to be placed in a scheme if it is money held (by a landlord or otherwise, e.g. an agent on his behalf) which is paid as security for the performance of any obligations of the tenant of this discharge of any liability, arising under or in connection with the tenancy. So if the tenancy agreement has not been entered into, and there are no contractual obligations resting on the tenant, the deposit paid is not a deposit for the purposes of the Act.

Deposits held for tenancies that became ASTs on 1 October 2010 should have been registered by 1 October 2010.

Any renewed tenancy that becomes an AST on, or after 1 October 2010 needs to be protected in exactly the same way as any other AST.

Yes. The upper limit on ASTs in England and Wales has been raised from 25,000 per annum to 100,000. To comply with the tenancy deposit protection provisions of the Housing Act 2004, the tenancies affected need to be registered with TDS or another approved tenancy deposit protection scheme.

CLG have expressed the opinion that Landlords with existing common law tenancies assured shorthold tenancies when the rental threshold is increased, will not need to protect their tenants deposits in a recognised scheme immediately, although we would recommend that it is good practice to do so. They will, however, need to protect the deposit if the tenancy is renewed on or after 1 October, or if a new deposit is taken. Landlords with existing common law tenancies assured shorthold tenancies when the rental threshold is increased, will not need to protect their tenants deposits in a recognised scheme immediately, although we would recommend that it is good practice to do so. They will, however, need to protect the deposit if the tenancy is renewed on or after 1 October, or if a new deposit is taken.

[The Department for] Communities & Local Government (DCLG) goes on to state that ultimately it is for the courts to decide when deposits should be protected and that they are unable to give a definitive interpretation of the legislation or speculate on how the courts might find in any particular case. Members may interpret the position differently but our guidance is based on what we currently consider the position to be, taking account of the best practice opinions expressed by DCLG. Accordingly we recommend that all new and existing ASTs are protected in the same way.

AST clauses are the same.

We have taken this opportunity to revise the Prescribed Information and Clauses for inclusion in tenancy agreements to take account of the changes in the treatment of non-ASTs after 1 October 2010. The new documentation must be used for all new non-ASTs starting after that date.

Members will also need to modify their Terms of Business. The revised clauses are in Section C of Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) . The new documentation must be used for all new non-ASTs starting on/after 1 October 2010.

Other new and existing tenancies will continue to be non-ASTs. This includes tenancies:

Scotland and Northern Ireland;
where the rent is over 100,000 per year.

These deposits cannot be protected by TDS, and must not be registered on the tenancy database.

Please note that mandatory tenancy deposit protection is due to be introduced in Scotland, subject to the appointment of a Scheme Administrator. You can find our more information by visiting: http://www.safedepositsscotland.com

No, a company let is a non-AST and must not be registered on our website

Our advice to Members is to issue Prescribed Information and Clauses for inclusion in tenancy agreements and register tenancies, where the tenancy becomes an AST, in the same way as they would for any AST.

For existing tenancies that became ASTs on 1 October 2010 Members should use 1 October 2010. For tenancies that start on, or after 1 October 2010 Members should enter the date that the tenancy started.

There is some uncertainty as to whether this type of tenancy needs to be protected. TDS has recommended members to protect them in any event. We have suggested that that needed to be done by 1 October 2010. There is nothing to stop you protecting these tenancies after that date. However, until the Courts make a definitive ruling on the exact interpretation of the legislation we can not be certain what the consequences of this might be. DCLG suggest that Landlords with existing common law tenancies which will become assured shorthold tenancies when the rental threshold is increased, will not need to protect their tenants deposits in a recognised scheme immediately, although they recommend that it is good practice to do so.

The change brings more tenancies into the requirements of the tenancy deposit protection provisions of the Housing Act 2004. Members need to comply with TDS initial requirements (or those of another approved tenancy deposit protection scheme) with effect from 1 October 2010.

Existing non-ASTs where the rent is between 25,000 and 100,000 per year Existing non-ASTs where the rent is between 25,000 and 100,000 per year This concerns existing non-ASTs which: became ASTs on 1 October 2010; continue beyond 1 October 2010; and will be protected by TDS rather than another TDP scheme.Members must register these tenancies on the TDS tenancy database no later than 1 October 2010.However, members need not wait until October to do so. Timely registration will minimise the prospect of a successful challenge on the grounds that the tenancies have not been registered within the 14 days required by statute. A change will be made to the TDS tenancy database to include an additional field to record monthly rent (the database will calculate the annual equivalent). TDS recognises that this will have consequences for members and their use of third party software; an IT FAQ will be circulated to members to ensure that members are able to upload tenancies in bulk in the future. However, ultimately, it will be for members to ensure that their third party software providers are able to accommodate the new field.Members will need to provide a new tenancy agreement, or an addendum to the existing tenancy agreement, which explains the tenancys new status and when it will take effect. Members will also need to give landlords a similar addendum to their terms of business. Relevant sections from Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) will need to be included in the addenda. By registering the tenancies on the TDS tenancy database, members acknowledge that they have done so, and complied with TDS initial requirements (see Tenancy Deposit Scheme: Rules of Membership Section 8 ). New ASTs in England where the rent is between 25,000 and 100,000 per year Any new tenancies with an annual rent between 25,000 and 100,000 per year, which commence on or after 1 October, must be protected in the same way as other ASTs.

If an AST deposit is not protected then the deposit holder may be taken to Court for non-compliance of TDP legislation. TDS will deal with deposit disputes in accordance with the Tenancy Deposit Scheme: Rules of Membership Tenancy Deposit Scheme: Rules of Membership .

Revised Rules of Membership for Letting Agents and Corporate Landlords Rules of Membership for Letting Agents and Corporate Landlords and updated versions of Operational Procedures and Advice for members , and Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) are available to members from the TDS website.As noted above, the effects of the change in the legislation are yet to be tested in the Courts. TDS will continue to monitor the situation and update members with further information as it becomes available.

For existing tenancies that became ASTs on 1 October 2010 Members should use 1 October 2010.

For deposits taken on, or after 1 October 2010 Members should enter the date that the deposit was taken.

Deposits which relate to non-ASTs cannot be protected under the statutory scheme operated by TDS, and must not not be registered on the tenancy database. The Housing Act 2004 only specifies that deposits for ASTs must be protected by an approved scheme. Deposits on other forms of tenancy do not require statutory protection.Schedule 1 of the Housing Act 1988 defines Tenancies which cannot be assured tenancies. These include tenancies under which the rent payable for the time being is payable at a rate exceeding 25,000 a year. NB: Statutory Instrument 2010 no. 908 raised this ceiling from 25,000 with effect from 1 October 2010 to 100,000 in England. For practical purposes this will apply to all existing tenancies other than those specifically excluded by Schedule 1 e.g. company lets, agricultural tenancies, licences, etc. There are no changes to other definitions in Schedule 1. The Statutory Instrument extends to England only.

Yes the relevant clauses for inclusion in tenancy agreements and terms of business do need to be inserted, but only but only if the parties wish to use the services of TDS when a tenancy ends in dispute (there will be a fee of 500 +VAT, or 10% of the deposit plus VAT whichever is the greatest).

We offer a dispute resolution service for all tenancies for which a member holds the deposit. It is correct that the Housing Act 2004 prescribes only that deposits taken on ASTs must be protected by an approved scheme such as ours. However we are able to deal with deposit disputes arising out of non-AST tenancies as we used to do under TDSRA.

For further information For further information please see What has happened to the Tenancy Deposit Scheme for Regulated Agents (TDSRA)?

TDS will continue to offer a service to resolve disputes arising from existing tenancies which contain TDSRA clauses in their tenancy agreements and terms of business. TDSRA ceased to operate from 1 st ^st October 2010. We consider it more appropriate to focus our resources on the resolution of disputes that fall under TDP legislation. However, for the benefit of our Members and the PRS (Private Rented Sector) industry as a whole, we will consider disputes that no other Scheme accepts.The Independent Case Examiner (ICE) may agree to resolve any disputes over the allocation of these deposits, by agreement. If he does: The ICE will propose what he considers the most effective method of resolving the dispute; The tenancy agreement must contain the relevant clauses contained in Prescribed Information and Clauses for inclusion in Terms of Business, Assured Shorthold Tenancies (ASTs) and non-Assured Shorthold Tenancies (non-ASTs) relating to non-ASTs Landlord, tenant and agent must consent in writing to his proposal; Disputes will be subject to a fee of 500 + VAT, or 10% of the deposit + VAT, whichever is the greater; The resolution process will not start until the parties consent, the disputed amount and the fee have been received.

It has never been compulsory for the deposits of non-ASTs to be protected, nor is it now.

TDS does not protect deposits of non-ASTs. Our insurers are not willing to provide the necessary cover.

TDS will continue to offer a service to resolve disputes arising from existing tenancies which contain TDSRA clauses in their tenancy agreements and terms of business. We will continue to offer voluntary dispute resolution for these deposits.

We may agree to resolve any disputes over the allocation of deposits relating to non-ASTs created or renewed after 1 October 2010, by agreement. For further information please see What has happened to the Tenancy Deposit Scheme for Regulated Agents (TDSRA)? What has happened to the Tenancy Deposit Scheme for Regulated Agents (TDSRA)?

Deposits which relate to non-ASTs cannot be protected under the statutory scheme operated by TDS, and must not not be registered on the tenancy database. The Housing Act 2004 only specifies that deposits for ASTs must be protected by an approved scheme. Deposits on other forms of tenancy do not require statutory protection.Schedule 1 of the Housing Act 1988 defines Tenancies which cannot be assured tenancies. These include tenancies under which the rent payable for the time being is payable at a rate exceeding 25,000 a year. NB: Statutory Instrument 2010 no. 908 raised this ceiling from 25,000 with effect from 1 October 2010 to 100,000 in England.Statutory Instrument 2011 no. 1409 raised this ceiling from 25,000 with effect from 1 December 2011 to 100,000 in Wales.For practical purposes this will apply to all existing tenancies other than those specifically excluded by Schedule 1 e.g. company lets, agricultural tenancies, licences, etc. There are no changes to other definitions in Schedule 1. The Statutory Instrument extends to England only.

Yes. We will provide you with these when you join the Scheme. They ensure that you have all the prescribed and relevant information to give to the tenants.

By putting the appropriate clauses in the tenancy agreement, you ensure that it is clear to tenants how the Scheme works and what your liabilities are. If you attach the prescribed information as instructed, you ensure that tenants have it within 30 days of taking the deposit as the Housing Act 2004 and the rules of TDS require (or within 30 days of the tenancy becoming an Assured Shorthold Tenancy within the meaning of the Housing Act 1988 if this occurs after the receipt of the deposit).

Where an agent took the deposit but is not going to hold it thereafter, i.e. the agent is going to hand it on to the landlord, the tenancy agreement and terms of business need to make this clear.

When the tenant paid over their deposit, they should have been given certain Prescribed Information, which would have included the name of the deposit holder usually the landlord or the agent through whom they rented the property. Tenants can check on our website to see if the deposit holder is recorded as a member of TDS. Alternatively, if they were not given the Prescribed Information, they should look in your tenancy agreement for the name of their landlord/agent and check to see if they are listed as members of TDS.

From Export functions Export functions use Live Database For Import it is essential that all mandatory fields are complete and valid prior to CSV Import Function back into TDS database. For full information please review Full Guidelines on Importing Data located on Import Functions Page. Review all relevant guides and examples prior to attempting to use our upload facility.Pay special attention to the following line items within the Data Definition Document: 2.2.15.1.15, 2.2.15.1.16, 2.2.15.1.20, 2.2.15.1.21 & 2.2.15.1.12If using 3rd party software to integrate with the TDS database, please reference their technical documentation or seek advice from their technical support.WARNING: We will not be liable for tenancies deleted from or added to our database in error.Please note that this service is only available to Letting Agent and Corporate Landlords, not for landlords using TDS for Landlords.

Whilst reviewing tenancies, you may see a warning notice that tenancies still exist with no tenants. Immediately after this warning message, there is a link stating Click here to resolve this issue Click here to resolve this issue Simply click on this link and then click on tenancy. Then follow above procedure as from step 6 for normal ending of a tenancy.

No. If a deposit is taken before 6th April 2007 for a tenancy starting after that date, the deposit will not be required to be held under an authorised scheme.

Yes. If a deposit is taken on or after 6 April 2007, for a property which the tenant will take up occupation in September 2007, the landlord will be required to protect the deposit in an authorised Scheme and to do so when the deposit has been paid to the landlord i.e. in May 2007.

No. If a deposit is taken before 6th April 2007 for a tenancy starting after that date, the deposit will not be required to be held under an authorised scheme.

Yes. The Housing Act 2004 is silent about recovery of the costs from either landlords (for agents) or tenants. Members are free to re-charge their costs. They may do so on whichever basis most suits their method of operation (Operational procedures and advice for members, Section A paragraph 2). You are advised to consider the implications of the Unfair Terms in Consumer Contract Regulations in drafting clauses for inclusion in your tenancy agreements. If you are a member of a professional body, you may wish to consider any advice given to you as an agent.

For Members who being to ARLA, NAEA or RICS, the base price per tenancy registered on snapshot day is 10.25 + VAT.

For Members who are a member of The Law Society or RICS, the base price per tenancy registered on snapshot day is 13.25 + VAT.

Additionally, there is a further 50 pence reduction per tenancy after one full membership year and we operate a discount scheme where low dispute referrals reduce your membership fee further - up to 60%. All fees are subject to a minimum annual fee of 500 + VAT.

The Annual Subscription Fees for regulated Letting Agents is set to reflect the risks to the business which individual members bring to TDS. The Board consider that the greatest risks are

The number of disputes sent to us in relation to the number of tenancies registered

The number of cases where disputes were referred and the disputed amount not paid to TDS in a timely manner

The number of cases where disputes were referred and the tenancy agreement was non compliant with the Rules of the Scheme i.e. did not contain the correct Prescribed Information or clauses relating to TDS

The number of cases where disputes were referred by the agent and the papers were returned back to the agent, due to essential documentation being missing

The base subscription is discounted to reflect the level of each of these risks. However, no member will pay more than 9.75 per tenancy (For ARLA, NAEA and RICS members, after loyalty discount) or 12.75 per tenancy (For NALS or Law Society Members).

The best way is by reducing the number of disputes sent to TDS for adjudication. (Scheme members are expected to try to resolve disputes without the need for adjudication where possible.) Also, by ensuring when a dispute is raised, that the amount in dispute and correct information is submitted to TDS and that the tenancy agreement complies with the Scheme Rules.

Please refer to the members section of the TDS website all of the information on how your subscription was calculated can be found here.

Youll also find a comprehensive guide which explains everything youll need to know.

We divide the total annual subscription by the number of tenancies registered as live in the Scheme on 22nd January 2012.

This year, there is only one snapshot which took place on the 22nd January 2012.

This year there will be four invoices sent to members, each representing 25% of the annual invoice due.

Invoices will be payable by 5th April 2011, 5th July 2011, 5th October 2011 and 5th January 2012.

All of this information is located on your members page, and available for you to conveniently download.

In the first instance, please contact our Customer Contact Centre on 0845 226 7837 who will assist you with any queries you have. If your query remains unresolved, then please contact our Member Relations team by email: member.relations@tds.gb.com

Yes. Please see Please see our Schedule of Fees Schedule of Fees .

If a member joins in the part way through the membership year, we will consider a pro-rata reduction to their subscription for that particular financial year.

The discount for 2012-13 is linked to the risk of our business and includes:

The number of disputes sent to us in relation to the number of tenancies registered
The number of cases where disputes were referred and the disputed amount not paid to TDS in a timely manner
The number of cases where disputes were referred and the tenancy agreement was non compliant with the Rules of the Scheme i.e. did not contain the correct Prescribed Information or clauses relating to TDS
The number of cases where disputes were referred by the agent and the papers were returned back to the agent, due to essential documentation being missing

We have based our assumptions on an industry-recognised average dispute rate of 2% of all tenancies registered. To this end, members with a dispute rate in excess of 2% do not receive a discount. Those who come in below 2%, receive discounts on a sliding scale up to a maximum of 60%. We have introduced more discount bands this year to pass on greater savings for our customers.

The members page of the TDS website will give you a break down of your firms performance in each of the risk areas specified.

A live tenancy is one which is protected or registered on our database and has not been ended on our database by the member firm. Please see section 7 for details.

If a tenancy is registered but is not due to start until after midnight on 23rd January 2011 it will not be counted.

This will not affect your subscriptions initially. The subscription for members who have taken on the business of liquidated agents will be based on their own tenancies and disputes i.e. it will not include the tenancies and disputes of the liquidated members. Only when the tenancy has ended and been re-protected by the new member agent will it then be chargeable.

A deposit dispute is a challenge by a landlord/agent/tenant to the proposed allocation of the deposit at the end of a specific tenancy. However, disputes which are referred, but resolved by the member without the need for TDS intervention will be excluded from the calculation.

Your membership will expire. You TDS Membership is an annual commitment, payable in instalments. If you do not meet one of these instalments, then your membership may end and the full annual payment will become due. You will also have to register your tenancies with another tenancy deposit protection scheme.

In conjunction with the TDS Member User Forum, members will be able to pay a flat fee for protection Let Only Tenancy Deposits from 17 April 2012. This Scheme will run until the 5 April 2013 on a trial basis.

Member Letting Agents will be able to:
* Designate a tenancy already registered on the TDS Tenancy Database as Let Only, but must do so before the 5 June 2012;
* Register a new tenancy as Let Only at the point of registration or, no later than two months from the date of registration.

The fee per tenancy deposit is:

* ARLA, NAES and RICS - 15 + VAT
* NALS and The Law Society - 18 + VAT

In each case, protection is for the life of the fixed term tenancy agreement plus any same terms statutory periodic tenancy continuation. Renewals and changes attract a further charge. Failure to update the TDS Tenancy Database to extend the protection will result in the protection ceasing.

The TDS Tenancy Database must reflect the Tenancy Agreement precisely or this may be considered a breach of the scheme rules.

Our contract with CLG forbids us from charging the parties. This is the same for the other two tenancy deposit protection schemes, too.

Our contract with CLG requires us to consider all AST deposit disputes, irrespective of size. This is the same for the other two tenancy deposit protection schemes, as well.

We have adopted the same requirements as ARLA: 150,000 level of cover if fee income is up to 150,000; or 500,000 level of cover if fee income is over that sum.

No.

Yes.

Yes - we welcome applications for Letting Agents regulated by ARLA, NAEA, RICS, NALS and the Law Society.

Please call the Member Relations Team on 0845 226 7837 to see what we can offer you, or fill out an application form, which can be found here: http://www.tds.gb.com/become-a-member.html

Once accepted, we aim to process all completed applications within 10 working days from the date of receipt. However, we sometimes need to make further enquiries, or to return forms which have not been properly completed, which will extend this period.

Applications from corporate landlords may take longer than ten working days to process, as we are subject to our insurers internal procedure which means we have to submit the completed forms to our insurers for individual consideration. To avoid any delay, please ensure that you complete the form fully and supply any documentation required.

No, but we will be unable to accept you into membership until your approved body status has been confirmed. If you apply to TDS whilst you are unregulated, we will not be able to accept your application.

Having members bank details on record enables us to pay them more promptly following an adjudication. It is also useful to have agents agents details because sometimes the ICE makes an award to them. It also happens that agents, with the landlords agreement, ask for money awarded to a landlord to be paid to them for convenience or to cover expenditure they have already made in connection with the matters in dispute.

We are the only not for profit Tenancy Deposit Scheme and the most accountable. We care about our customers and offer an excellent service. If you are not already using us, give us a call to see what we can do for you.

Yes. We offer a dispute resolution service for all tenancies in the UK for which a member holds the deposit. Firms who only operate in Scotland and Northern Ireland are eligible to join TDS and to have access to our ADR service.

For further information please see What has happened to the Tenancy Deposit Scheme for Regulated Agents (TDSRA)?

Statutory Tenancy Deposit Protection will be introduced for Scotland once a Scheme administrator has been appointed. This is likely to be later in 2012. Statutory Tenancy Deposit Protection will be introduced for Scotland once a Scheme administrator has been appointed. This is likely to be later in 2012.