TDS can accept a dispute as long as we have the means to contact all parties, if letters are returned or emails bounce back as undeliverable, we cannot adjudicate as the party is then uncontactable. Either way, your original Landlord is not responsible for the return of your deposit. However, I don't really see any sort of definitive answer on whether or not the TDS will get involved if the landlord is not responding to the agent. The deposit summary will show: If the tenant responds advising that they do not wish to use TDS Custodial to resolve the dispute TDS will send you a form automatically if your landlord has not responded within 2 weeks of your request to release your deposit. It is the responsibility of your current Landlord. While it's not necessary to quote or cite your state's landlord-tenant law, it won't hurt to include this information if you know it and it supports your argument. I presume the TDS are saying that they cannot arbitrate without consent of both parties, in which case you will need to make a small claim via mcol against you current Landlord. to use TDS Custodial’s dispute resolution process. Mydeposits ask you to contact them to get the form. If the deposit holder (the landlord or their agent) has passed to TDS more than the disputed amount, the adjudicator will assume – in the absence of other information – that the amount not in dispute is to be returned to the tenant(s). If there is no response after 10 working days, the dispute will be reviewed by TDS Northern Ireland. If your landlord vanishes into thin air, here are steps you can take that are more likely to yield a response—and if not, we'll tell you the … If you are still not satisfied with your landlord's response, you can write again, informing the landlord of your intention to involve the local council if the repair work is not carried out. So, the plan is to write to the landlord and the agent to demand return of the deposit as soon as the ten days is up. Many tenants' rights organizations have breakdowns of state law in plain language. DPS ask you to use your online account to request the form. If you have the contact information for your tenant and they choose not to respond, this is a different situation to an uncontactable tenant. You can use a high street solicitor to witness the signature. We pay the landlord nothing, and they will have to discuss the shortfall with their agent. The quote in my first post suggests not but some posters are suggesting they do. The deposit is now in Dispute, but will remain ‘on hold’ for 10 working days whilst the agent/ landlord and tenant attempt to reach agreement. If the agent/landlord does not respond to the tenant’s dispute notification, they will be sent a reminder after 7 working days. Keep copies of all of these letters as they will be important to you if your dispute ends up in court. Include a factual breakdown of the dispute. Similarly, when responding to either the deposit deductions template as part of end of tenancy negotiations or to TDS in the form of a Dispute Response Form, a tenant should make it clear which proposed deductions are agreed and set out clearly and succinctly the reasons why it is felt that the proposed claim is not justified. Your letter must include factual specifics. Cleaning is the most common reason for disputes over tenancy deposits – Mike Morgan, TDS Director of Dispute Resolution Tenancy Deposit Protection By law, landlords must protect deposits on assured shorthold tenancies in a government approved scheme such as TDS.
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