FAQs For Tenants

Yes. 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 or Response to 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 14 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 notice to end the tenancy has been given, but no later than 20 working days after it has finished (Unless a different period has been specified in the tenancy agreement, which cannot be less than 14 working days)

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.

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 in full their TDS membership subscription; 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 reference to TDS as prescribed in the Tenancy Deposit Scheme: Rules of Membership 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.

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.

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. 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 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 Response to Dispute Response to Dispute form, with a copy of your Notification of a Deposit Dispute , 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. If they do, we will give you the opportunity to comment on them before we proceed with the adjudication. In signing their Response to Dispute 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 post but you can also submit these to us by facsimile or email.

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 sign 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.

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 Department for] Communities & Local Government (DCLG) raised the upper limit on ASTs in England from a rent of 25,000 per annum to 100,000 with effect from 1 October 2010. 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. To minimise the prospect of legal action for late registration, DCLG recommend that it is good practice for members to register such deposits with TDS by 1st October 2010. Any new ASTs in England with an annual rent up to 100,000 which commence on or after 1 October must be protected in the same way.

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.

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

in Wales, Scotland and Northern Ireland;
where the rent is between 25,000 and 100,000 per year which will not become ASTs e.g. company lets, agricultural tenancies, licences, etc.;
or 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.

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

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 .

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)?

You can check if your deposit is registered with TDS via our website. Each tenancy deposit registered with TDS is given a tenancy UID (unique identifier) code tenancy UID (unique identifier) code . When you moved into the property, or signed your tenancy agreement, your landlord or agent should have given you a TDS tenancy certificate with this code on it. This confirms that your deposit had been registered and protected with TDS.

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.

If your deposit holder is a member of TDS and has not registered your deposit with one of the other schemes, we may be able to deal with your dispute even if your tenancy has not been registered with us. But you may consider whether you want to take action in a county court. This is because, under the Housing Act 2004, Section 214, you may be awarded the whole of your deposit plus three times its amount by way of compensation for failure to protect a deposit depending on the circumstances of your case. You will need to seek independent advice on this. We are only able to deal with the amount of the disputed deposit itself.

If your deposit is not held by a TDS member, we may not be able to deal with your dispute. You will need to see if the Deposit Holder is a member of one of the other tenancy deposit protection schemes by checking with them, or asking the Deposit Holder. If your deposit is not registered with TDS, it could be registered with either the Deposit Protection Service (DPS) or with Tenancy Deposit Solutions Ltd (Mydeposits). You will need to visit their websites at www.depositprotection.com www.depositprotection.com or www.mydeposits.co.uk to check whether your deposit is registered with either of these schemes and learn how to submit your dispute through them.

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. 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)? What has happened to the Tenancy Deposit Scheme for Regulated Agents (TDSRA)?