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tags remain unchanged.The Tenancy Deposit Scheme (TDS) is an officially sanctioned program designed to safeguard tenancy deposits. We offer two types of protection: insured and custodial. In addition, we provide unbiased adjudication services for disputes that arise regarding deductions from the deposits we protect.
In response to a tenant's query, "When will my deposit be returned by my landlord?" we have prepared this article.
After the termination of a tenancy, tenants are eager to have their deposit refunded promptly. They often wonder when they will receive their deposit back.
First and foremost, your tenancy deposit will be protected under one of two schemes:
- Custodial Scheme - In this scenario, the scheme itself retains the deposit throughout the tenancy.
- Insured Scheme - Under this scheme, the landlord or agent holds the deposit during the tenancy but must submit it to the scheme at the end if a dispute arises. This scheme is insured to ensure tenants always receive their entitled money.
To determine which scheme your deposit is safeguarded by, you can visit this link and provide your surname, deposit amount, tenancy start date, and tenancy postcode.
TDS Insured Scheme
When your deposit is held by your landlord (and therefore protected under the Insured scheme), they should return it within 10 days from the date of your initial request. Please note that tenants cannot request the return of their deposit before the official termination of the tenancy.
If the deposit is protected by an insurance-based scheme, the deposit protection service cannot directly return it. This is because the deposit remains in possession of your landlord. In such cases, once your repayment request is received, the landlord will either refund the deposit or inform you of any deductions for cleaning, damages, or outstanding rent.
TDS Custodial Scheme
If your deposit is secured under the Custodial scheme (where the deposit protection scheme itself holds the deposit), you have the option to directly request its return through the scheme. Upon receiving your request, the scheme will contact your landlord or agent to respond. If they agree to the refund, it will be processed promptly, usually within 5 working days.
If your landlord intends to make deductions from your deposit, such as for cleaning, redecoration, or rent arrears, they should inform you in writing of the amount they wish to deduct and provide an explanation. If you are uncertain about the reasons for the deductions, you should seek clarification from your landlord or agent. At that point, the deposit scheme will not have any information regarding the landlord's claim.
To initiate the dispute resolution process, we offer a self-resolution model, accessible through an online system. This model enables both parties to negotiate and reach a mutually satisfactory agreement regarding the amount to be repaid from the deposit. It allows for adjustments to be made to initial requests until a middle ground is reached, avoiding the need for adjudication.
If you believe the landlord's claim for deductions is fair, you can reach a mutual agreement on the amount.
However, if you are unable to come to an agreement using the self-resolution tool, you may need to resort to a dispute resolution service.
This service is provided at no cost by the scheme that protected your deposit. However, it is advisable to exhaust all possibilities for direct resolution with your landlord or agent before utilizing this service. In our experience, most disputes can be swiftly resolved through clear communication between the parties involved.
If you do decide to involve the Tenancy Deposit Scheme in resolving the dispute, an adjudicator will review the evidence provided by both the tenant and the landlord. The disputed amount will be held by the scheme during the adjudication process. The decision made by the Tenancy Deposit Scheme is final, although you or your landlord may choose to escalate the matter by taking it to court.
The Tenancy Deposit Scheme can only provide dispute resolution for matters concerning the deposit. If a tenant wishes to pursue a counterclaim, they must address it through the court system. As the deposit constitutes the tenant's funds held in security by the landlord to satisfy their tenancy obligations, we are unable to consider any claims the tenant may have against the landlord.
The Tenancy Deposit Scheme is known for its regular publication of case studies involving past disputes. These case studies can be found on our website. Additionally, we provide a comprehensive guide on how to submit a dispute to the TDS adjudicator.
In order to prevent disputes from arising, we strongly encourage landlords, agents, and tenants to maintain open communication throughout the tenancy. This will ensure that everyone involved is fully aware of their responsibilities and expectations. It is worth noting that less than 1% of tenancies protected by the Tenancy Deposit Scheme result in disputes.
For landlords seeking tips on best practice, please refer to our website. We have a dedicated section called "TDS Lounge" where you can find valuable information and FAQs. On the other hand, tenants can find helpful tips on our tenant FAQ page.
