We are only able to resolve the dispute where both landlord(s) and tenant(s) consent (i.e. agree) to us doing so.
The legislation concerning tenancy deposit protection states that a disputed deposit should only be paid out if there is:
This means that if you are unable to resolve your dispute and both parties do not consent to us resolving it either, one of the parties to the dispute will need to refer the matter to Court. Once we are aware that there is a disputed deposit, we will require the deposit holder to send it to us (if we have not already received it).
You should ensure that any Court Order obtained contains a specific direction about the disputed deposit so that we can release the funds held. In cases where we hold the disputed deposit, TDS has at their discretion the option to distribute the disputed deposit if no court proceedings are commenced within 6 months from the date of withdrawal of consent.