Raising a tenancy deposit dispute with TDS
What is a tenancy deposit dispute?
When a tenancy comes to an end, there is usually no disagreement about who should receive the deposit. But sometimes there is - and if the deposit is protected by the Tenancy Deposit Scheme, the disagreement can be referred to us as a tenancy deposit dispute.
Both parties send their evidence to the Tenancy Deposit Scheme, and a professional, impartial adjudicator will examine it to decide how the deposit is apportioned.
Read our document 'The progress of a dispute' to for more information on tenancy deposit disputes.
Can I raise my tenancy deposit dispute with TDS?
Before you raise a tenancy deposit dispute, remember there are some basic requirements which you must meet before we can adjudicate.
- The deposit must have been protected with the Tenancy Deposit Scheme when the tenancy ended.
- You must have made reasonable efforts to resolve the dispute before raising it with us
- We must receive the dispute within three months of the end of the tenancy
We can only deal with disputes over deductions from a tenant's deposit. If you have a dispute that covers other issues, please seek independent advice on the options available to you.
How do I raise a tenancy deposit dispute with TDS?
When you are certain you meet the above criteria, you should complete all three sections of the Dispute Application Form which you can download on the right hand side of this page.
Send your completed TDS Dispute Application Form to us. Make sure you include the Tenancy Agreement and any other documents you want us to consider.
PO Box 613
Please make sure that you keep a copy of the completed form for your records.
Before you raise a tenancy deposit dispute we strongly advise that you read the Case Studies, Adjudication Digests, and Guidance Documents available on our website.
These resources will help you understand what kinds of evidence our adjudicators need to see in order to make an award.
What happens next?
If you are the deposit holder and you are raising the dispute, you must send the disputed money to us straight away and we will securely hold the amount until the adjudication is complete and the tenancy deposit dispute has been resolved. If you are the tenant, we will contact the deposit holder to request the money.
When we receive your Dispute Application Form, we will contact the other party to request their response. The dispute will be referred to an impartial adjudicator who will examine the evidence and decide within 28 days how the deposit should be apportioned. They will write a report detailing the reasons for their decision, and we will pay the money to each party according to the adjudicator's decision.