Frequently Asked Questions - Landlords & Agents

• Rules and regulations
  • What are the penalties for non-compliance with deposit protection law?

    The tenant can raise an action against the landlord and ask the court to award the tenant between one and three times the value of the deposit. 

    Non-compliance with deposit protection can also affect the landlord's ability to end a tenancy using a Section 21 notice.

  • What are the TDS rules?

    Users of the TDS must follow our scheme rules. Download a PDF of TDS Scheme Rules here. 

• Deposit protection
  • How do I protect a tenancy deposit?

    To start you need to become a member of TDS. You can do this online and there is no joining fee.

    There are two ways to protect a deposit, custodial and insured. 

    Insured: You hold the deposit - you can find our insured scheme here.

    Register the deposit and hold the money in a UK bank account. There is a small fee, but protection is confirmed immediately and you don't need to involve us again unless you have a dispute.  

    Custodial: We hold the deposit

    Register the deposit and transfer the money to us. We confirm protection once we receive the money, and it is backdated to when the payment was made. You or the lead tenant need to submit a request for repayment at the end of the tenancy. 

    Click here to join

  • How does TDS actually protect deposits?

    Insured protection: The landlord or agent holds the deposit and we have insurance covering it. If the landlord or agent fails to pay money that they owe, we can refund the tenant and claim it from our insurance. We pursue landlords separately to recover money that they owe. 

    Custodial protection: We hold the deposit in a designated account. We only release the funds when both parties give consent; when a TDS adjudicator makes an award following a dispute; or when ordered by a Court. 

    Both forms of protection include free dispute resolution, whereby the tenant can refer a disagreement over the repayment of the deposit to us for impartial adjudication. Both parties must agree to be bound by the adjudicator's decision

  • What do I need to do when I receive a tenancy deposit?

    Within 30 days of receipt you must register the deposit in an approved scheme such as TDS. Within 30 days of receipt you must provide the tenant with details of the protection, called prescribed information, and TDS scheme leaflet 'What is tenancy deposit protection?'.

  • What is prescribed information?

    It is written details of the deposit protection, including an information leaflet from the scheme, which must be given to the tenant within 30 days of the landlord or agent receiving the deposit. 

    When protecting online, a form with prescribed information will be automatically generated for your convenience. However it is your responsibility to ensure the information is correct and that it is given to the tenant within 30 days.

  • What permissions do different kinds of user have in a letting agent account?

    Your online account will have the following features.

    If you are a letting agent you can perform different tasks in your company's account depending on your user profile.

    Here is a table of the different the different user profiles and the tasks they can perform. 

    	Administrator (Head Office)	Branch/ Account Administrator	Tenancy/ Property  Administrator	Dispute  Administrator	Finance  Administrator
    Protect deposits	✔	✔	✔
    End deposit protection	✔	✔	✔	✔
    Download Prescribed Information	✔	✔	✔	✔	✔
    View deposits	✔	✔	✔	✔	✔
    Manage properties	✔	✔	✔	✔
    Request repayment (custodial)	✔	✔	✔	✔
    Respond to repayment request (custodial)	✔	✔	✔	✔
    Raise a dispute	✔	✔		✔
    Add and edit users	✔	✔
    Add and edit branches	✔

• At the end of the tenancy
  • Does deposit protection end automatically?

    You can find our insured scheme here.

    Insured:  Yes. If you do not inform us otherwise, we will assume the tenancy has ended on the expected end date given when you protected the deposit, and protection will end. If the tenancy is going to renew or continue periodically you must update the database for the deposit to continue being protected.

    Custodial: No. The deposit remains protected for as long as it is held by TDS.

  • What should I do if the tenancy becomes periodic?

    You can find our insured scheme here.

    In the insured scheme, if it continues as a statutory periodic tenancy with no material changes to the agreement (such as rent or tenants) please login before the end of the fixed term and mark the 'tenancy outcome' as periodic. Protection will continue with no additional cost. 

    If there have been material changes to the tenancy agreement you should end the protection and register the deposit again. 

    In the custodial scheme no action is needed. 

     

  • What if the tenancy renews with a new fixed term?

    You can find our insured scheme here.

    If protected with the insured scheme, you need to protect the deposit afresh. In the 'tenancy outcome' section select 'renew' and you will be able to protect the deposit again. 

    No action is needed if the deposit is protected with the custodial scheme.