In this week’s #AskTDS, we offer advice to landlords, letting agents and tenants on how to resolve rental deposit disputes quickly.
Tenancy deposit disputes arise for an array of different reasons including unpaid rent, damage to the property, overgrown gardens and poor cleaning (or no cleaning) at the end of tenancy.
If an agreement can’t be made between the tenant and landlord, the landlord will likely raise a claim to deduct money from a tenants deposit to fix the issue or remedy the situation. From there, it is down to an adjudicator to assess the facts by reviewing the evidence from each party.
This process can take time and if the case goes onto court, money too.
Yes, there are ways you can resolve a tenancy dispute more promptly and that will come down to good communication records and thorough tenancy processes at every stage, such as detailed and dated inventory, check-in and check-out reports.
Where the dispute is about a single claim such as rent arrears and communication between the landlord and tenant, at the end of tenancy, has not yielded an agreement, Tenancy Deposit Scheme (TDS) can assist with resolving the rental dispute quickly.
If you have a rent statement in support of the claim, along with a clear audit trail of any agreements reached between the parties during the tenancy, TDS will help by simply phoning the parties as an impartial intermediary to assist in reaching an agreement. This will avoid the need for a formal adjudication decision to be made or the timely process of court action, allowing all parties to move on sooner.
If it is not possible for your dispute to be resolved quickly this way, take a look at our case studies to familiarise yourself with how disputes are resolved. This will help you in preparing or supporting your case.
Not a member of TDS yet? It’s easy. Register your tenancy deposit today.
About Tenancy Deposit Scheme (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 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.
NRLA: If you are a landlord and would like to keep up to date with any changes that may affect you or your responsibilities, you can receive 25% off your first year’s membership when joining here.