In this week’s #AskTDS blog, Sandy Bastin, Head of TDS Adjudication Services at Tenancy Deposit Scheme (TDS), answers a landlord’s question: “I am a landlord holding the tenancy deposit. When should I return undisputed deposit monies to the tenant?”
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Any undisputed deposit amount (after discussion and agreement with the landlord) should be returned to the tenants within 10 calendar days of their request for it to be returned. It should not be retained to persuade a tenant to settle proposed deductions.
By returning the undisputed deposit to the tenants expediently, it is often found to be the case that agreement is more likely to be reached on any proposed deductions, avoiding the need for referral to Alternative Dispute Resolution (ADR).
From a tenants’ perspective, acceptance of the return of the undisputed deposit amount will not in itself be deemed to be acceptance of liability in relation to any proposed deduction(s). It is important that you provide your agent or landlord with details as to where any undisputed amount of deposit is to be sent.
About the author
Head of TDS Adjudication Services
Sandy is a qualified solicitor with many years’ experience practising and specialising in real estate, Sandy joined TDS in 2008 and is now Head of TDS Adjudication Services. Sandy is responsible for recruiting and training TDS adjudicators, providing continued support and mentoring to include quality assurance activity to ensure the high standards expected from TDS adjudication decisions are met.
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Tenancy Deposit Scheme (TDS) is a Government-approved scheme for the protection of tenancy deposits; TDS offers both Insured and Custodial protection and provides fair adjudication for disputes that arise over the tenancy deposits that we protect.
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.