What is the absent party repayment procedure?

If TDS holds your deposit it is protected using our custodial scheme. The following information will apply.

If one of the parties cannot be contacted at the end of the tenancy, or will not respond when contacted, the other may follow the absent payment repayment procedure (also known as a statutory declaration) or apply for payment through the courts. 

Where the parties are able to negotiate, even if they are unable to agree, they should not use this procedure, but should make a request for repayment. 

A person may use the absent party repayment procedure if they believe they are entitled to the amount claimed and:

  • At least 14 days have passed since the tenancy ended;
  • The landlord and tenant have not agreed on how the deposit should be allocated;
  • No court proceedings about the deposit are taking place;
  • The applicant has no means of contacting the other party, or the applicant has written to the other party with their proposal but the other party has failed to confirm whether or not the proposal is acceptable within 14 days of receiving it.

Applications may only be made by post to TDS Custodial. When applying, the applicant must submit a statutory declaration (a formal legal document, witnessed by a solicitor, notary public, or certain other court officers). The applicant’s statutory declaration must, by law, state certain information. Please see Rule 12 of our scheme rules for further details.

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