The Dispute Services Home What is the TDS? Members Approved Bodies How to Join Disputes Policies & Procedures
You are hereYou are here > Home>How to Resolve a Dispute
The Dispute Services Welcome to the Dispute Services

This page contains details about about how to resolve a dispute covered by the existing Tenancy Deposit Scheme for Regulated Agents (TDSRA). The information will be updated shortly to reflect any amendments under the new scheme, which is launching on 6 April 2007 and will supersede and absorb the TDSRA.

Is your tenancy is covered by the Tenancy Deposit Scheme for Regulated Agents?

We will deal with a dispute about a deposit if:

  1. There are clauses about the TDSRA in your tenancy agreement, or, if you are a landlord, in the terms of business with your agent
  2. The tenancy started after the agent became a member of the scheme
  3. The agent has paid a subscription.
  4. You are bringing the dispute to us within 28 days of the end of your tenancy

If your dispute does not meet all these requirements, we may not be able to deal with it. It will be up to the Independent Case Examiner (ICE) to decide if he can use his discretion and take the case anyway.

Where the tenancy started before the agent joined the TDSRA, all parties will have to agree to co-operate with the ICE in his adjudication and to comply with his decision. They can do this by signing form TDSRA F 4. There will also be a charge as specified on the form.

What papers do we have to provide?

Download the following Adobe Acrobat form.To view the documents, you will need the the Adobe Acrobat Reader, which can be downloaded for free from Adobe.com.

You can type the relevant information directly into the form and then print it to send to the TDS.

Please note that due to the limitations of the Acrobat Reader, you cannot save the information, so we would suggest that you print a backup copy for your own records.

To save the documents to your computer, place your cursor over the icon for each document, click on your right hand mouse button and select "Save Target As". You will then be prompted to select a location to save the document to.

The form lists the documents and information we need to decide how to deal with your dispute.

If the dispute is only over a small amount it is in everyone’s interests if it can be resolved without bringing it to the ICE..

Please remember: if you want the ICE to take into account a particular document, photograph, etc. you must provide it. It is not for the ICE to go looking for evidence on your behalf.

How long will the ICE take to reach his decision?

We aim to keep to the following timetable
(Day means 1 working day: i.e not a bank holiday or weekend)

Stage Action When
1.   Dispute received   Day 1
2.   ICE establishes that he can deal with the dispute   Day 2
3   Informs and copies the papers to the other party   Day 3
4   The other party tells the ICE whether or not they want to contest the dispute   Day 7
5   The ICE appoints an adjudicator to assist him   Day 9
6   The other party submits their response   Day 13
7   ICE sends all the papers to the adjudicator   Day 14
8   The adjudicator submits her/his report   Day 21
9   ICE sends out his decision   Day 24
10   Deposit paid out according to the ICE’s decision   Day 29

However, we are not always able to keep to this timetable:

  • When the other party sends us their side of the story, they may raise issues that the first party did not. We have to inform the first party and give them the opportunity to respond.
  • One of the parties may be unavailable e.g. out of the country, on holiday, in hospital, etc.
  • If one or both parties are living abroad we have to allow time for papers to reach them by post.
  • One or both of the parties may reasonably ask for an extension e.g. because they are going into hospital.
  • Sometimes a dispute raises issues which need specialist advice e.g. on matters of law.
  • Occasionally the volume of work is so large that we cannot get everything done in time.

What about the deposit?

The agent must send the deposit either at Stage 1 (above), if they have started the dispute; or at Stage 5 if they are responding to a dispute brought by the landlord or the tenant.

What happens if they don’t send the deposit?

The adjudication will still go ahead. The ICE can draw on a special fund so that he can pay out the deposit anyway. The agent concerned may be disciplined by their professional body.
What if the other party doesn’t respond in the time allowed

What if the other party doesn't respond in the time allowed?

We tend to give them a couple of days leeway in case, for instance, they have been away. During that time we will try to contact them. But if we get no response, or we consider the party is taking too long, we will carry on with the adjudication.

Who are the adjudicators?

We have a panel of trained adjudicators drawn from relevant professions: lawyers, inventory clerks, surveyors, rent officers, architects, etc.

What happens to the deposit?

We will generally pay out by cheque. We may be able to pay by bank transfer, but we will have to make a small administrative charge on top of bank or building society fee. We will only be able to pay in cash in exceptional circumstances, at the ICE’s discretion.

Can you pay by bank transfer?
We can, but it would not be worthwhile for one-off transactions. We would have to make an administrative charge on top of the bank or building society fee, which itself is likely to be at least £25. There would also be a delay whilst setting up a bank mandate.

Can I appeal against the ICE's decision?

Generally speaking, people recognise that the ICE has reached his decision after a careful and unbiased consideration. Under the terms of Scheme there is no right of appeal to the ICE against his adjudication. However, this does not remove the statutory rights of the parties to ask the court to set his adjudication aside. In doing so, one or both parties may find themselves exposed to a liability to pay costs.

If you are not sure whether your dispute is eligible for the ICE to consider, please contact us:

The Dispute Service Limited,
PO Box 541,
Amersham,
HP6 9ZR

Tel: 0845 226 7837
Fax: 01494 431 123

e-mail:
website: www.tds.gb.com

Home | What is the Tenancy Dispute Service | Members | Approved Bodies | How to Join
How to Resolve a Dispute | Policies and Procedures | Contact Us