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Once a party withdraws from Alternative Dispute Resolution (ADR) via TDS, we will only accept your re-consent if we this is provided within 3 months of the tenancy ending therefore, we would only recommend withdrawing consent if you are certain, you are taking this matter to court.

When we do not have the consent of both parties to using the TDS ADR service, we can only:

• Release the deposit held in line with a court order which either directs TDS to release the deposit held or the judgement is clearly made for a breach of an obligation clearly stated within the tenancy agreement (i.e., rent arrears) or.
• Release the deposit held in accordance with a written agreement reached between the landlord and tenant.

Please note that the onus is on the party withdrawing consent to refer the matter to Court and to send us evidence that you have done so.

If we do not receive evidence that court proceedings have been issued within 6 months from the date of notification of withdrawal of consent, or upon request then we may, at our discretion, pay any disputed deposit we hold to the other party. Further guidance on what happens when the Court is involved in a tenancy deposit dispute, can be found on our website and explains the information you need to get from the Court and the process we would then follow.