The Tenancy Deposit Scheme is a government-approved scheme for the protection of tenancy deposits; we offer both insured and custodial protection. We also provide fair adjudication for disputes that arise over the tenancy deposits that we protect. This article has been written in response to a tenant’s query: “Can I win a dispute by default?”
This question, asked by a tenant in dispute, was based on the fact that the landlord/agent had not responded to TDS’ request for evidence. The tenant wanted to know, if the landlord or agent doesn’t respond would the deposit automatically be given to the tenant?
If the other party does not respond:
If the deadline passes and one party has not responded despite reminders being sent by TDS, then the case will go to adjudication. In these circumstances, it is likely that the case will be awarded in favour of the applicant who submitted their evidence.
No case will be decided “by default” but we do urge all parties involved to submit their evidence to ensure they have given themselves the best opportunity of success.
If the other party withdraws consent:
In cases where the other party withdraws consent for TDS to adjudicate over the deposit deductions then TDS will be unable to adjudicate.
If one party intends to take the deposit matter to court, then they could withdraw consent for TDS to adjudicate. During the time the issue is at court, TDS will hold the deposit money until court proceedings are concluded.
TDS does not award disputed deposits by default, however, if one party does not respond then it is likely that the award will be made to the party who did submit evidence.
Guide to deposit dispute resolution
The Tenancy Deposit Scheme and the National Residential Landlords Association (NRLA) have produced a comprehensive guide to dispute resolution in the private rented sector.
The free guide aims to provide landlords and tenants with a clear understanding of the dispute resolution process and how to effectively navigate potential conflicts that may arise during and at the end of tenancy.
The Tenancy Deposit Scheme is part of The Dispute Service (TDS), the largest tenancy deposit protection (by value) and resolution service provider in the UK making life easier for tens of thousands of agents, landlords, developers, and millions of tenants and homebuyers.
Our award-winning customer service is highly rated on both Trustpilot and Google, and we’re backed by the NRLA, Propertymark and RICS.
We provide quick and hassle-free online deposit protection, free guides and information in our online help centre, free dispute resolution and free mid-tenancy mediation for tenants and landlords.
Our free tenant lifecycle app, tlyfe, makes renting smarter. Manage your TDS deposit, get pre-qualified, build your credit ratings, and more.
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