The Tenancy Deposit Scheme

 

All tenancy deposits must be protected in a government authorised ‘tenancy deposit scheme’ This applies to all tenancies that are Assured Shorthold Tenancies, (AST's) it does not apply to non-housing act tenancies (company lets or contracts with rent above £100,000 per annum).

 

The scheme was designed to ensure that tenant deposits are protected so that;

 

  • Tenants get all or part of their deposit back, when they are entitled to it
  • Any disputes between the tenants and the landlord(s) or agents are easier to resolve
  • Tenants are encouraged to look after the property they are renting

 

At the start of a new tenancy, the tenant will pay the deposit to the landlord or agent, who must then ensure it is protected. There are three schemes to choose from.

 

Firstly, a custodial scheme where the deposit is held by the scheme until the end of the tenancy. The custodial scheme is free to use, the landlord or agent simply puts the deposit into the scheme at the start of the tenancy.

 

The second and third available schemes are both insurance based under which, the landlord or agent keeps the deposit and pays a fee to the scheme to insure against any failure on their part to repay money due to the tenant.

 

Within fourteen days of receipt of the deposit, the landlord or agent should provide the tenant with details of how the deposit is being protected including:

 

  • the contact details of the tenancy deposit scheme selected
  • the landlord or agent’s contact details
  • how to apply for the release of the deposit
  • information explaining the purpose of the deposit

 

Courtenay has been a member of the Tenancy Deposit Scheme (TDS), (one of the two insurance based schemes) , since 2007 and the service provided by this company has been very professional.

 

Please note that under both our ‘Let and Rent Collection’ or ‘Full Management’ services, any costs or paperwork involved with insuring the deposit in one of the schemes is administered by Courtenay; thus relieving the landlord of the responsibility. Once completed, your deposit will be held in Courtenay's Client Account and insured with the Tenancy Deposit Scheme (TDS). More information regarding the holding of deposits can be found at www.tenancydepositscheme.com.

To raise a dispute with TDS the following criteria must be met:

 

  • The deposit must have been protected with TDS when the tenancy ended.
  • You must have already made reasonable efforts to resolve the dispute
  • The TDS must receive the dispute within three months of the end of the tenancy

 

When you are certain you meet the above criteria, complete all three sections of the Dispute Application Form, see the links below.

 

Please send the form, tenancy agreement, and evidence to this address:

 

TDS Limited,
PO Box 613
Eastleigh
SO50 0JJ


Their adjudicators make their decisions based on the evidence you provide, they can't make any assumptions.

 

Your claim might fail if you do not complete the forms correctly or give the adjudicator the evidence they need. To better your chances of success, read their guidance on how best to present your case to the adjudicator.

 

Please see out application forms below;

 

Dispute Application form - Part 1

 

Dispute Applicate form - Part 2

 

Dispute Application form - Part 3

 

How to present your case to the TDS adjudicator

 

Guidance on Completing dispute forms

 

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