Summary of rule
changes
Effective 15 August 2016
Tel: 0300 037 1000
Fax: 01442 253 193
Email: [email protected]
www.tenancydepositscheme.com
Tenancy Deposit Scheme, PO Box 1255, Hemel Hempstead, Herts, HP1 9GN
Summary of rule changes
August 2016
©The Dispute Service Limited 2016
Summary of changes
As part of making our service as easy to use as possible, and in light of feedback from
customers, we are intending to make four key changes to the way disputes are raised and
processed. These are set out below and come into force on the 15 August 2016. They apply to
disputes raised on or after this date.
There are no changes to key documentation such as Prescribed Information, the scheme
leaflet or suggested clauses for tenancy agreements or terms of business, but if customers wish
to reflect the new processes in any of their own documentation, please contact
[email protected].
1
One tenant raising or responding to a dispute
To make the process as straightforward as possible, the first tenant to raise or respond to
a dispute will do so on behalf of all joint tenants. All submissions of evidence and
comment will be through this nominated person ONLY.
TDS will make this tenant aware of their responsibilities to other tenants as part of their
application or response to a dispute, so there is nothing you need to do.
When a tenant raises a dispute, they will provide limited information about why they
believe there is a dispute. TDS will then notify you (the Member), who will have ten
working days to respond if you wish and put your full evidence pack into the portal. Once
the time has passed, the tenant will have ten working days to comment on your reasons
for dispute.
ACTION MEMBERS MUST TAKE: None.
2.
Member Agents and Landlords raising or responding to a dispute
TDS is the only scheme which allows all parties to raise or respond to a dispute. We know that
this is a service highly valued by members, but having so many parties reply to disputes
sometimes creates confusion.
To simplify matters, the ability for members and associated landlords to raise or reply to a dispute
will continue, but it will now be EITHER the member or associated landlord, not both.
Where a tenant raises a dispute we will write to the member agent and request the deposit in the
usual way. If you do not wish to respond to submit evidence, please pass the correspondence to
your landlord. Whoever responds, the member agent is still required to send us the disputed
deposit within 10 days.
For those customers who have designated a deposit as ‘Let Only’ and pay a different fee for the
privilege, we will request the funds from you as the agent, but also write to the landlord directly.
ACTION MEMBERS MUST TAKE: If you receive a dispute notification and do not intend
to respond, please forward it on to your landlord to reply and submit evidence.
Summary of rule changes
August 2016
©The Dispute Service Limited 2016
3. Structured template for dispute submissions and responses
Currently, when members raise or reply to a dispute via the evidence portal, there are free text
boxes for you to explain your reasons for withholding deposit money.
To help all parties to the dispute process, we are dispensing with the free text boxes and instead
providing structure guidance for customers to follow. Following the answers to these questions
will help you present your claim in the best way possible.
ACTION MEMBERS MUST TAKE: None. Just ensure your colleagues are aware that
the evidence portal will look a little different from the 15 August 2016. We hope that the
portal will be a significant improvement for you.
4. Payment of adjudication awards
Currently, we pay any adjudication award made to the landlord, to the landlord. Members have
told us that this causes frustration, as invariably they have already paid the associated contractor.
In the case of rent arrears disputes, any letting fee is lost by virtue of TDS paying the landlord.
From 15 August 2016, any award made to the non-member landlord (irrespective of who replies
or raises a dispute) will be paid to the member agent.
Awards made to tenants are unaffected: where there is more than one tenant, payments will
continue to be paid equally to those named in the tenancy agreement, unless there is written
agreement to do something different.
ACTION MEMBERS MUST TAKE: None. Where a non-member landlord raises or
replies to a dispute, we will make it clear that any awards are made to the member agent.
Payments will be made quoting the dispute reference number (TDSN) and the member’s
dashboard will provide details of the tenancy and parties for reconciliation purposes.
Contact details
Tenancy Deposit Scheme
PO Box 1255
Hemel Hempstead
Herts HP1 9GN
Tel:
0300 037 1000
Fax: 01442 253 193
Email: [email protected]
Web: www.tenancydepositscheme.com
© The Dispute Service Limited 2016
Summary of rule changes
August 2016
©The Dispute Service Limited 2016