Yes, in certain circumstances.
TDS will write to a landlord directly for details of a claim and for submission of evidence if the landlord is either a member (i.e. is registered as and has protected a deposit as an Independent Landlord) or if the agent member has protected the deposit under our ‘let only’ product.
If the deposit has been protected by an agent member under our let only product, TDS will write to the agent member only to request the disputed deposit monies.
Where we contact the landlord directly, any adjudication decision will be sent to the landlord and the tenant only.
You can find out further information in our guide to the let-only scheme here.
If an agent member has registered and protected a deposit, and the agent member and landlord have agreed between themselves that the agent member is to have no part in the end of tenancy negotiations, it will be for the agent member to forward TDS’ correspondence on to the landlord allowing ample time for the landlord to submit details of the claim and evidence within the deadline notified.
When can I raise a dispute?
This depends on whether you have registered and protected a deposit under TDS Insured or TDS Custodial.
Under TDS Custodial (where the deposit is held by TDS), a request for repayment of the deposit may be made via our online portal as soon as the tenancy comes to an end, and there is no deadline for a request for payment to be made. After a request for repayment is made, the parties will be required to negotiate a settlement through self-resolution via our on-line portal, prior to the dispute being accepted for adjudication.
Under TDS Insured (where the deposit is retained by the agent member), it is not possible to raise a dispute sooner than 10 days from the end of the tenancy (this being the period within which all parties are required to attempt to negotiate resolution of the dispute) and no later than 3 months from the end date of the tenancy.
Please visit our FAQs section for many more answers on commonly asked tenancy deposit questions.
About TDS
Tenancy Deposit Scheme (TDS) is a Government-approved scheme for the protection of tenancy deposits; TDS offers both Insured and Custodial protection and also provides fair adjudication for disputes that arise over the tenancy deposits that we protect.
We provide invaluable training in tenancy deposit protection and disputes for agents and landlords through the TDS Academy as well as joining with MOL to provide the Technical Award in Residential Tenancy Deposits.
TDS Insured Scheme: where a TDS member can hold the tenancy deposits as stakeholder during the term of the tenancy.
TDS Custodial Scheme: where TDS hold the deposit for the duration of the tenancy.
TDS Academy: TDS provides property professionals with invaluable training in tenancy deposit protection and tenancy deposit disputes.
TDS Northern Ireland: TDS is Northern Ireland’s leading and only not for profit tenancy deposit protection scheme.
TDS can only comment on the process for our scheme, other deposit protection schemes may have a different process/require different steps. Content is correct at the time of writing.
These views are those of the author alone and do not necessarily reflect the view of TDS, its officers and employees.
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