TDS Direct

What is TDS Direct?

Under TDS Direct, the sole responsibility for raising a tenancy deposit dispute with TDS rests with the tenant(s) in accordance with the provisions of the Housing Act 2004.

What happens at the end of the tenancy?

Agent or Landlord conduct check-out and compile report Agent or Landlord discuss deposit with tenant Agreement reached and deposit returned or distributed

At the end of the tenancy, the agent or landlord should carry out a check out inspection and compile a report. They will then advise the tenant(s) what deductions, if any, they wish to make from the deposit.  If the tenant(s) agrees with these proposed deductions, the agent or landlord holding the deposit will then pay the tenant(s) in accordance with the agreement

No agreement reached Tenant raises dispute with TDS Direct

If there is no agreement on the disputed deposit, the tenant(s) can then raise a dispute with TDS.  Tenant(s) can only do this if more than 10 days has passed from when they formally request that the agent or landlord return the deposit.

What happens when a tenant raises a dispute?

TDS contacts the deposit holder TDS asks the deposit holder to upload evidence Evidence is then made available to the tenant

A tenant can raise a dispute online at: https://www.tenancydepositscheme.com/deposit-disputes.html

Upon receipt of a dispute, TDS will:

  • Contact the letting agent or landlord who is holding the deposit to send TDS the disputed amount.
  • Contact the landlord (or the agent if the tenancy is fully managed by the agent) to upload details of the dispute to the TDS website including any evidence to support the proposed deductions.
  • This evidence is then made available to the tenant(s) via the TDS website.  The tenant(s) will then be asked to upload any evidence of their own.

Adjudication

TDS will review the evidence from both parties and an impartial adjudicator will decide how the disputed deposit should be allocated between the parties.  This will normally happen within 28 days of the evidence being received from both parties.

If the letting agent is managing the tenancy and the dispute, we will pay directly to the letting agent any disputed deposit that is awarded to the landlord.

If TDS has been dealing directly with the landlord in relation to the dispute, we will pay the disputed deposit to the landlord.

Any payment due to the tenant(s) will be paid directly to the tenant(s).

What happens if the landlord or tenant(s) does not submit evidence?

If the landlord (or the agent if the tenancy is fully managed by the agent) does not respond to the dispute or submit evidence, TDS will return the disputed deposit to the tenant(s).

Similarly if the tenant(s) does not send any evidence to TDS challenging any proposed deduction, TDS will return the disputed deposit to the landlord (or the agent if the tenancy is fully managed by the agent).

TDS reviews evidence Adjudicator will decide how the deposit is allocated This normally happens within 28 days of receiving evidence

Does the landlord or letting agent have to agree to TDS dealing with the dispute?

Yes. 

In order for TDS to deal with the dispute, the landlord (or the agent if the tenancy is fully managed by the agent) has to give consent to TDS dealing with the dispute.

If the landlord (or the agent if the tenancy is fully managed by the agent) refuses to consent to TDS dealing with the dispute, TDS will still ask the landlord or agent for the disputed deposit, but will then give the landlord 6 months in which to resolve the matter in the County Court. 

If after 6 months the case has not been raised in the County Court, TDS will return any disputed deposit it holds to the tenant(s).

Does the tenant(s) have to use the TDS dispute service?

No.

The tenant(s) does not have to agree to TDS resolving the dispute and can decide to take the case to the County Court rather than using the TDS dispute service.

Additional guidance

          

RSS Feed Latest TDS News

#NewsStory: TDS Charitable Foundation awards over £135,000 to promote best practice in PRS

Set up in 2014 to raise standards in the private rented sector (PRS), the TDS Charitable Foundation has published its annual review which shows that 13 different organisations across England and Wales have benefited from grants totalling £135,935 in the last year. 

13th December 2018