Case Studies

Here we give you guidance on how we deal with typical deposit disputes that are frequently referred to TDS.

We explain what our general approach is, and give examples of how we adjudicate on particular scenarios.

We hope that you will find this informative and helpful in deciding if you want to proceed with sending a dispute to TDS.

Please note:

• These examples are for guidance only - they are not intended to guarantee when an award will be made.
• Each dispute is different and the actual award made will be based on our interpretation of the specific evidence presented to us.
• Unless otherwise stated these examples assume that any tenancy agreement referred to is clear about the tenant’s obligations and allows for claims to be made against the deposit. However each tenancy agreement may include different requirements. The Independent Case Examiner will have regard to the specific clauses of the actual tenancy agreement presented when making an award.            

Our adjudication process

The adjudication process provides an informal method of review of a dispute; TDS makes a decision as to how the deposit should be allocated, based on the evidence presented. 

Adjudication is an alternative to formal legal proceedings.  Whilst we take into account legal principles, any decisions we make are based on what we consider to be fair and reasonable.  We do not adopt a legalistic approach, are not bound by the same rules of evidence which apply in a Court, and we do not take sworn testimony and cross examine witnesses under oath. 

We base our decisions on the information sent to us by the parties.  We are unable to make assumptions on your behalf.  We do not seek additional information and it is not possible to take account of information sent to us after we have completed the adjudication.
In agreeing to refer the dispute to TDS you accepted that the decision is final and binding.  TDS will not accept an appeal against this decision.

333.98kb How we approach disputes involving cleaning

335.71kb Case study - Cleaning

322.96kb How we approach disputes involving agents' fees

345.13kb Case study - agents' fees

313.04kb How we approach disputes involving damage and missing items

349.23kb Case studies - damage and missing items

337.18kb How we approach disputes involving redecoration

348.85kb Case studies - redecoration