Your deposit questions, answered.

It is a free alternative to court in which an independent adjudicator decides how a disputed deposit is split, using the written evidence you and your tenant send. The Housing Act 2004 requires TDS, DPS and mydeposits to offer it, and each side pays only its own costs of preparing. The schemes’ joint guide says it isn’t mediation or arbitration, and the deposit is treated as the tenant’s until you show each deduction is justified. Since May 2026, DPS may charge a fee where the tenancy isn’t an assured periodic tenancy or occupation contract.

SourcesHousing Act 2004, Schedule 10, paragraph 10 (dispute resolution facilities)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)

Yes. The Housing Act 2004 says a scheme can’t make its dispute service compulsory, so TDS, DPS and mydeposits all ask both you and your tenant to consent. If either of you refuses, you settle it between you or a court decides. Consent works differently by scheme: at DPS, once you agree you can’t withdraw (custodial terms, clause 21(c)), while TDS’s custodial rules let either side withdraw until the adjudication report is issued. With an insured deposit, staying silent can count as agreeing.

SourcesHousing Act 2004, Schedule 10, paragraph 10 (dispute resolution facilities)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)

Either you or your tenant, but how it starts depends on the scheme and the type of protection. With a custodial deposit, either side can ask the scheme to repay it, and a dispute begins when the other side doesn’t accept the proposed split. With a DPS insured deposit, the tenant raises the dispute. At mydeposits, either side can move a release to resolution once offers have been made. An agent can act for you, and joint tenants deal with the scheme through one lead tenant.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

It depends on the scheme and the type of protection, and no dispute can start until the tenancy has ended. Insured deposits have short limits: DPS must receive the tenant’s dispute form within 90 days of the tenancy ending, and a mydeposits case must reach resolution within 90 days of the tenant moving out, or the release closes. Custodial deposits stay with the scheme until there is an agreement, a decision or a court order. GOV.UK warns there may be a time limit, so start promptly.

SourcesDPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026GOV.UK: Tenancy deposit protection, disputes and problems

Usually several weeks from the evidence request to the decision, depending on the scheme. DPS estimates about 44 calendar days, plus three to five business days for the bank payment. Under TDS’s custodial rules, you and then your tenant each have 5 working days for evidence, and the adjudicator decides within 15 business days of getting the case. At mydeposits, once a case reaches an adjudicator, the decision is due within 28 calendar days for custodial deposits and 15 working days for insured ones. Questions about the evidence can add time.

SourcesDPS: How long does dispute resolution take?TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

No. The adjudicator decides on the written evidence alone. TDS’s custodial rules say the parties don’t attend any hearing and the adjudicator won’t visit the property, and the schemes’ joint guide says neither you nor your tenant will ever be asked to meet the adjudicator. mydeposits’ conditions add that there is no cross-examination. Your evidence therefore has to show the property’s condition on its own. Cases that need spoken evidence, such as alleged fraud, may be better suited to court.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

Independent, impartial experts who decide disputes on the evidence. The schemes’ joint guide says they are either employed by the scheme or work for it under contract, and the scheme must make sure they are appropriately qualified. DPS describes its adjudicators as legally trained specialists, and TDS says its adjudicators are trained, experienced and follow a code of conduct. You won’t meet them, and they don’t contact witnesses. They decide on the balance of probabilities, starting from the position that the deposit belongs to the tenant.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS: What adjudicators doTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

Usually, though each scheme sets conditions. If a letting agent manages the tenancy, the schemes deal with the agent on your behalf. TDS’s custodial rules say you don’t need a solicitor, and TDS may let an interested party act for you with your written authority. mydeposits may accept an authorised representative for a private landlord, for reasons such as language difficulty, illness or being abroad, and may ask for proof. You pay any representative yourself: the schemes don’t award the costs of professional representation.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)DPS Custodial Terms and Conditions (v35, May 2026)

The scheme can’t make you use it, but the money stays protected until you and your tenant agree or a court decides, and each scheme sets a time limit. TDS’s custodial rules expect proof of court proceedings or an agreement within 3 months, or TDS may repay the other side. At DPS, the side that refuses has 6 months to start court proceedings or settle. At mydeposits, whoever chooses court has 6 months to show an issued claim. If the time runs out, the money can go to the other side.

SourcesHousing Act 2004, Schedule 10, paragraph 10 (dispute resolution facilities)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

Yes, and the schemes encourage it. Their joint guide says you and your tenant can still reach an agreement at any stage before the adjudicator decides. TDS’s custodial rules expect both sides to show they tried to negotiate before adjudication, and may send a case back if they haven’t. DPS pays out on an agreement signed by both of you. mydeposits asks for written proof of the agreement and a signed instruction, and its case assessor tries to agree an outcome with both sides before any adjudication.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

5 working days from TDS’s invitation to submit your evidence. TDS’s custodial adjudication rules, in force since 1 May 2026, say you complete a dispute summary and upload all your evidence in that time, and your tenant then has 5 working days to respond. Older TDS documents that say 10 working days have been replaced. If you can’t meet the deadline, contact TDS before it passes and explain why: an extension is at its discretion. The deadline in TDS’s own notification is the date that counts.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS help centre: Key documents

14 calendar days from DPS’s evidence request, and your tenant has the same window at the same time. DPS must receive your evidence before midnight on the deadline day: online for a custodial deposit, by email or post for an insured one. Calendar days include weekends and bank holidays. For an insured deposit, the evidence request follows the Notification of Dispute form, which you must return, with the disputed amount, within 10 calendar days.

SourcesDPS: The dispute resolution processDPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)

5 working days for a custodial deposit and 10 working days for an insured one. For custodial deposits, both sides confirm their final evidence within 5 working days of the case moving to resolution, and anything not confirmed is confirmed automatically. For insured deposits, which moved to the Total Property portal in July 2026, both sides have 10 working days to finalise evidence and choose adjudication or court. Some older mydeposits pages still say 20 working days: they describe the process before that change.

Sourcesmydeposits: The dispute processmydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)mydeposits: Conditions of resolution, insured-backed (July 2026)

When the scheme sends its request for evidence, not when you happen to read it. TDS counts from its invitation to submit evidence, and DPS from the date its evidence request is issued; DPS’s terms say time limits run from the day it issues a document, whatever day you see it. At mydeposits, the clock starts when the case moves to resolution and both sides are notified. The scheme’s email or your online account usually shows the deadline date, and that is the date to work to.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS: The dispute resolution processmydeposits: The dispute processmydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)

It depends on the scheme. DPS counts calendar days, so weekends and bank holidays count and its deadline can fall on a Sunday. TDS and mydeposits count working days, which leave out weekends; mydeposits’ rules also leave out bank holidays in England and Wales, Christmas Day and Good Friday. A working-day deadline can therefore land later than a week or a fortnight suggests, especially around Christmas or Easter. Whichever scheme you use, the date in its own notification is the one to rely on.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Insured-backed scheme rules (July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

Sometimes, but don’t count on it. TDS’s custodial rules say that if you find it difficult to meet the deadline you should contact TDS and explain why, and it will decide whether to give an extension. DPS’s terms make no provision for extensions: once the deadline passes you can’t upload, and late evidence may be refused. mydeposits treats confirmed evidence as final and adds more only at its resolution team’s request. Ask as early as you can, and send what you have in time.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

The dispute goes ahead without what you didn’t send. TDS’s custodial rules say that if you don’t respond in time, the adjudicator is likely to conclude the disputed deposit should go back to the tenant, and material received late is returned and not considered. DPS may release the disputed amount to your tenant if you neither send evidence nor confirm you have none. At mydeposits, whatever you have uploaded is confirmed automatically when the window closes, and nothing more can be added.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)mydeposits: The dispute process

Only within the deadline, and not always then. At DPS you can make several uploads within the 14-day window, but you can’t delete a file once it’s submitted, and nothing can be uploaded after the deadline. At mydeposits, confirmed evidence is final and can be added to only at the resolution team’s request. TDS’s custodial rules say no additional documents are considered once the case has been referred for adjudication. So gather everything before you submit.

SourcesDPS: The dispute resolution processDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026

At TDS, yes; at DPS, no; at mydeposits, each side can respond to the other’s position. TDS’s custodial rules let your tenant view your claim and evidence and reply within 5 working days. DPS takes both sides’ evidence at the same time, and neither can view the other’s files. mydeposits’ conditions say both parties can respond to each other’s position, but there is no cross-examination. At TDS especially, write your claim expecting your tenant to read every word.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicatorDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

Start from the date of the scheme’s evidence request, then count the scheme’s period: 14 calendar days at DPS, 5 working days at TDS, and 5 working days for a custodial or 10 for an insured deposit at mydeposits. Working days leave out weekends and bank holidays. The free deadline calculator on this site, at /deadline-calculator, works the date out from the scheme’s notification date. The schemes usually show the deadline in their email or your online account, and if the two differ, the scheme’s date is the one that counts.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)DPS: The dispute resolution processTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)mydeposits: Insured-backed scheme rules (July 2026)

Check whether DPS holds the deposit (custodial) or you do (insured), note your deadline, and start gathering evidence. For a custodial deposit, DPS emails you both, and you have 14 calendar days from that email to upload evidence, which must arrive before 11:59:59 pm on the deadline day. For an insured deposit, you must first return the Notification of Dispute form, with an itemised breakdown, and pay the disputed amount to DPS within 10 calendar days; you then have 14 days to send evidence by email or post. DPS expects a signed tenancy agreement, check-in and check-out reports, evidence of costs and a statement of what is disputed and why.

SourcesDPS: The dispute resolution processDPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)

Tell the tenant in writing what you want to deduct and why, then make a repayment request in your scheme account listing each deduction and its amount. TDS’s scheme rules require that written notice first, promptly after the tenancy ends. The scheme then asks the tenant to agree or disagree: at DPS they respond item by item, and TDS gives them up to 30 working days. Agreed amounts are paid out. If the tenant disagrees, you are both asked whether you consent to the free dispute service, followed by an evidence stage. If the tenant doesn’t respond, TDS and DPS offer a statutory declaration route, and mydeposits sends unanswered offers to resolution after 14 days.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)

Don’t count on it. DPS’s terms say its time limits run from the day it issues a document, regardless of when you receive or see it. TDS can extend a deadline if you contact it explaining why you are struggling, and can adjust deadlines in the interests of justice, but it decides case by case and expects you to keep your contact details up to date. If the deadline hasn’t passed, contact the scheme straight away. If it has, explain what happened and ask anyway. Then add the scheme’s email addresses to your safe senders and check your online account, which shows the case and its deadline.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: The dispute resolution process

Only with good reason, such as costs you hadn’t known about, and expect the change to be looked at closely. Raising the figure because the tenant refused to agree can look like a penalty, and the joint guide says any deduction must reflect your actual, reasonable loss. TDS’s dispute rules say adjudicators take earlier offers into account unless they were made ’without prejudice’. At TDS Custodial, a claim through the statutory declaration route can’t exceed what you claimed in your repayment request. If you do have new costs, explain the change in writing, with evidence such as a contractor’s invoice. No scheme can award more than the deposit.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026TDS: Tenancy deposit disputes in 2025, myths, realities and best practices

Yes, if you find something genuine, but raise it with the tenant as early as possible, with evidence. TDS’s guide accepts that exact amounts may not be known at first, because quotes take time, but its scheme rules expect you to tell the tenant promptly, in writing, what you propose to deduct and why. Add new items before you submit the repayment request or release, so the tenant can respond to them. Once a dispute is under way, adjudicators decide the items in dispute, and mydeposits’ complaints process won’t consider claims that weren’t raised with the adjudicator. Damage found only after check-out is also harder to prove.

SourcesTDS: How to present your case to a TDS adjudicatorTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026mydeposits: ComplaintsTDS: Inventories, check-in and check-out reports

It depends on the scheme. At TDS, you submit first and the tenant then sees your claim and responds within 5 working days; the rules set no further landlord reply, and no additional documents are considered once the case is referred. DPS asks both sides for evidence at the same time, and neither can see the other’s uploaded files, so there is no reply stage. mydeposits’ conditions say both parties can respond to each other’s position, and its insured process gives both sides a further 10 working days to clarify positions once mydeposits is resolving the case. So deal with the tenant’s likely arguments in your first statement.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)

The dispute can carry on without you, and the money can go to the tenant. TDS’s dispute rules say that if you don’t respond to the invitation to submit evidence in time, the adjudicator is likely to return the disputed deposit to the tenant. DPS’s custodial terms say it may release the disputed amount to the tenant if you send no evidence within 14 days. With an insured deposit, the law lets the scheme treat your silence as consent to its dispute service if it is satisfied you received the notice, and mydeposits treats an unpaid disputed amount as a default case. Open every scheme email and act on it.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)Housing Act 2004, Schedule 10 (provisions relating to tenancy deposit schemes)mydeposits: Conditions of resolution, insured-backed (July 2026)

10 working days, for an insured deposit. mydeposits’ 2026 process flow says that if the tenant moves the case to resolution, you are expected to pay the disputed amount to mydeposits within 10 working days; if you start resolution yourself, you must lodge it first. If you don’t pay, it becomes a default case: mydeposits says your membership is likely to be cancelled, and its conditions say any award to the tenant is paid by the scheme and its insurers recover the money from you. You must lodge it even if you choose court. With a custodial deposit, mydeposits already holds the money.

Sourcesmydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)mydeposits: Conditions of resolution, insured-backed (July 2026)mydeposits: The resolution process

The dispute can still go ahead, and you stay bound to pay. Under Schedule 10 of the Housing Act 2004, an insured scheme must direct you to pay the disputed amount into its account within 10 days of receiving the direction, and you must comply. Insured schemes must make landlords undertake to do this, must insure against landlords who don’t, and the law lets a scheme end the membership of a landlord who fails to comply. The schemes’ joint guide says the dispute can proceed without the money and you’ll be expected to follow the adjudicator’s decision. TDS checks that the disputed deposit has been sent before a case goes to adjudication.

SourcesHousing Act 2004, Schedule 10 (provisions relating to tenancy deposit schemes)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS Help Centre: deposit disputes FAQsGOV.UK: Deposit protection schemes and landlords

Yes. Only the disputed amount should be held back. GOV.UK says a deposit must be returned within 10 days of you both agreeing how much the tenant gets back, and DPS’s terms say using the dispute service doesn’t remove the duty to pay other amounts that are due. With a custodial deposit, the scheme pays the agreed part: TDS Custodial within 1 working day of the case moving to evidence gathering. With an insured deposit, you pay it yourself and send only the disputed amount to the scheme. TDS asks you to tell it what is happening with the rest of the deposit.

SourcesGOV.UK: Deposit protection schemes and landlordsDPS Insured Terms and Conditions (V30, May 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicator

Set out each deduction in turn: what it is for, how much, why the tenant is responsible, and the evidence. TDS’s presenting guide suggests grouping claims under cleaning, damage, redecoration, gardening, rent arrears and other, with a breakdown within each. For every item, cite the tenancy clause, compare the check-in and check-out reports by page or photo number, explain how you allowed for wear and tear and the item’s age, and attach the invoice or quote. Stick to facts rather than opinions. DPS asks for a statement of the precise issues in dispute and the reasons for the amount claimed. Check your totals add up.

SourcesTDS: How to present your case to a TDS adjudicatorDPS Custodial Terms and Conditions (v35, May 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

As long as it takes to cover each deduction clearly, and no longer. TDS and mydeposits publish no word limit. DPS’s online ’Additional information’ box takes 1,000 characters, and DPS suggests uploading a separate document if you need more. TDS’s guide says the adjudicator doesn’t need a detailed account of everything that happened during the tenancy, and that a long list of items left for them to sort isn’t helpful. A short summary of the total, then a few lines per deduction with evidence references, keeps it readable. If negotiations were long, summarise where things stand rather than attaching every email.

SourcesDPS: The dispute resolution processTDS: How to present your case to a TDS adjudicatormydeposits: Evidence for deposit disputes, what you need and how to prepare it

Yes. TDS’s guide asks for the claim broken down by category with each item’s amount, and says not to leave the adjudicator to work out what each item is or what it costs. DPS’s repayment request asks for the amount of each deduction, the tenant agrees or disagrees with each one, and DPS Insured asks for an itemised breakdown. TDS’s deductions template has a section for each type of claim, asking for the tenancy clause, the evidence of condition at the start and end, and the evidence for the cost. mydeposits suggests grouping evidence by claim. That lets the adjudicator decide item by item.

SourcesTDS: How to present your case to a TDS adjudicatorDPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)TDS: Deductions Templatemydeposits: Evidence for deposit disputes, what you need and how to prepare it

Yes. TDS’s presenting guide says to give the page number within a large document, such as a check-in report, or the number of the photograph, and to label photos with the date, room and what they show. TDS’s help centre says claims that leave it searching a 100-page document cause delay. For video, give the time, such as ’at 3 min 48 sec’. The joint guide also asks you to highlight the relevant part of an image or recording. mydeposits suggests clear file names, for example ’Living-Room-Carpet-Check-out-Photo.jpg’. Consistent numbering lets the adjudicator check each point quickly.

SourcesTDS: How to present your case to a TDS adjudicatorTDS Help Centre: deposit disputes FAQsA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)mydeposits: Evidence for deposit disputes, what you need and how to prepare it

Yes: TDS publishes a free Deductions Template among its key documents. It covers the property, tenancy dates, deposit and total proposed deductions, then has a section for each type of claim: cleaning, damage, redecoration, gardening, rent arrears and other. Each asks what you’re claiming, which tenancy clause supports it, your evidence of the condition at the start and end, and what supports the cost, with space for the tenant’s view and your response. It is meant to go to the tenant first and, if they disagree, to TDS as evidence. You can use the same structure with DPS or mydeposits.

SourcesTDS: Deductions TemplateTDS Help Centre: Key documents

Show what the cost is, why that remedy, and how you allowed for age. TDS’s guide says a cost that is reasonable for the work and can be traced to the check-in and check-out reports is more likely to be accepted, and that showing it is in line with other contractors’ prices helps. TDS awards the reasonable cost of making good, checking prices against high street and online sources. Give itemised invoices or quotes, explain why cleaning or repair wasn’t enough before claiming replacement, and show the apportionment, as in TDS’s example of 4/10 x £500 = £200 for a carpet replaced four years early.

SourcesTDS: How to present your case to a TDS adjudicatorTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS: The importance of invoices and evidence in positive dispute outcomes (2023)

It doesn’t help, because the adjudicator looks only at facts and evidence. TDS’s guide uses an emotional statement as its example of a badly presented case: mostly opinion, complaints about the tenant’s behaviour, unsupported suspicions and no breakdown of the claim. It says character evidence isn’t relevant, and that claims the tenant was rude, abusive or obstructive won’t usually be taken into account. mydeposits asks parties to keep portal messages professional and respectful, as its team can read them. Write calmly, set out each deduction with its evidence, and let the dated records show what happened.

SourcesTDS: How to present your case to a TDS adjudicatormydeposits: Conditions of resolution, insured-backed (July 2026)

No, just say what has been agreed. TDS’s dispute rules say it won’t adjudicate matters the parties have agreed, and its guide says to send evidence only where it is directly relevant to the dispute. Do tell the scheme what is happening with the rest of the deposit, for example that the tenant agreed to pay for rubbish removal and that sum has been paid: TDS says this can save problems later. Extra material about agreed items is more for the adjudicator to read past. If the tenant agreed something in writing, include that message, because it shows the item is settled.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicator

It is your evidence in reply to a tenant’s dispute over an insured deposit: the material supporting the deductions you propose. On mydeposits’ resolution process page, the tenant raises the case and provides evidence first, you then provide your rebuttal evidence, and the tenant can comment. That page still describes the older process, with 20 working days for your evidence and 3 working days for the tenant’s comments. Since insured deposits moved to the Total Property portal in July 2026, mydeposits’ process flow gives both sides 10 working days to finalise evidence. Follow the deadline in your notification.

Sourcesmydeposits: The resolution processmydeposits: Agent or landlord initiates release, process flow, insured-backed (2026)mydeposits: Conditions of resolution, insured-backed (July 2026)

An independent adjudicator decides on the written evidence each side sends. There is no hearing, and nobody visits the property. The deposit is treated as the tenant’s money until you prove each deduction, so the burden is on you, on the balance of probabilities: you must show the tenant broke the tenancy and that you lost, or are likely to lose, money as a result. The adjudicator allows for fair wear and tear, looks for the most suitable remedy, avoids betterment, and considers only evidence sent during the process.

SourcesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)DPS: What adjudicators doTDS: How to present your case to a TDS adjudicator

The scheme pays it out from the money it holds. For a custodial deposit, the scheme already has the deposit; for an insured one, you will have paid the disputed amount to the scheme when the dispute started. The Housing Act 2004 gives the scheme 10 days to pay after a binding decision on a custodial deposit, and schemes often pay sooner: TDS custodial within 2 working days and mydeposits within 5 working days. If you didn’t lodge the disputed amount on an insured deposit, you are still expected to abide by the decision.

SourcesHousing Act 2004, Schedule 10Tenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)

Only for a clear error, not because you disagree with the outcome. The decision is final and binding on both sides. TDS reviews a decision only for a clear error of fact or law, if asked within 28 days. DPS accepts a complaint for a clear error of fact or law, received within 3 months. mydeposits accepts a complaint within 6 months for a clear error of fact, law or administration, based on the evidence sent at the time. New evidence or new claims aren’t considered. Beyond that, the joint guide says the only route is the courts.

SourcesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)DPS: What adjudicators domydeposits: ComplaintsTDS: Complaints

Only to challenge the decision, and on narrow grounds. When you agree to use the dispute service, you accept that the adjudicator’s decision is final and legally binding, unless there is an error of fact or law. The schemes’ joint guide says the only way to challenge it is through a court of law, and recommends getting your own independent advice before starting proceedings. Use the scheme’s own review or complaint process first, and weigh the cost of court against the amount at stake.

SourcesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)DPS: What adjudicators domydeposits: Tenancy deposit disputes and the small claims court

Yes. An adjudicator can’t award more than the amount in dispute, so anything above the deposit has to be claimed through the county court as a separate claim. Claims worth up to £10,000 normally go on the small claims track. Before issuing, write to the tenant setting out your claim and give them a reasonable time to reply, usually 14 days in a straightforward case. mydeposits notes that court usually takes several months and has fees based on the amount claimed. Still list every cost in your scheme claim, without rounding it down.

Sourcesmydeposits: Tenancy deposit disputes and the small claims courtCivil Procedure Rules, Part 26 (rule 26.9, scope of the small claims track)Practice Direction: Pre-Action Conduct and ProtocolsTDS: How to present your case to a TDS adjudicator

Yes. If you didn’t protect the deposit or give the prescribed information on time, the tenant can apply to the county court under section 214 of the Housing Act 2004, even after the tenancy has ended. The court must order you to pay them between one and three times the deposit, and can order the deposit repaid or protected. In England, since 1 May 2026, a court can’t usually make a possession order while the deposit isn’t properly protected, except on Grounds 7A and 14. Wales has similar sanctions under the Renting Homes (Wales) Act 2016.

SourcesHousing Act 2004, section 214Housing Act 2004, section 215GOV.UK: Tenancy deposit protection, disputes and problemsRenting Homes (Wales) Act 2016, Schedule 5

None of the three schemes’ published guidance says that using its dispute service counts against you. The service is part of every approved scheme, and using it is voluntary. What matters is following the process: for an insured deposit, the Housing Act 2004 requires you to undertake to comply with the scheme’s directions, such as paying the disputed amount to it, and the joint guide says you are expected to abide by the adjudicator’s decision even if you didn’t pay that money in.

SourcesHousing Act 2004, Schedule 10Tenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)GOV.UK: Tenancy deposit protection, disputes and problems

Not individually. The adjudicator’s decision is sent to you and the tenant, and DPS says it can’t disclose evidence from specific dispute cases. The schemes do publish selected case studies with names removed: mydeposits and TDS both publish adjudication case studies, showing the facts, the evidence and what was awarded. They show how adjudicators apply fair wear and tear and apportionment, but each case is decided on its own evidence, so treat them as examples, not rules.

SourcesTenancy Deposits, Disputes and Damages (joint guide from TDS, DPS and mydeposits)DPS: Common dispute questionsmydeposits: Resolution case study, garden maintenanceTDS: #AskTDS, What can I use my tenant’s deposit for?

A mistake in the decision itself, not a different view of the evidence. TDS gives examples: an error of fact, such as treating a piece of evidence as missing when you had provided it, and an error of law, such as applying notice provisions incorrectly. TDS declines review requests that only disagree with the outcome. mydeposits asks you to identify the deduction, the error, why it is an error and where it appears in the adjudicator’s comments, judged on the evidence sent at the time, and won’t consider claims not raised originally. DPS accepts complaints only where the decision has an error of fact or law.

SourcesTDS: What to do if you are not satisfied with the service you have received (complaints process, version 7, April 2026)mydeposits: ComplaintsDPS Custodial Terms and Conditions (v35, May 2026)DPS: What adjudicators do

Yes. Each scheme has a service complaints process separate from challenging a decision. TDS asks you to contact your case handler or customer team first, then complain in writing within 28 calendar days of the problem, with an internal review if you’re not satisfied, and then its Independent Complaints Reviewer, who looks at service, not the decision’s merits. DPS takes complaints by letter or email under its complaints procedure. mydeposits has a service complaint form and aims to reply within 2 working days. The housing ministry monitors the schemes but has no role in individual complaints.

SourcesTDS: What to do if you are not satisfied with the service you have received (complaints process, version 7, April 2026)TDS: ComplaintsDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Complaintsmydeposits: Conditions of resolution, insured-backed (July 2026)

Yes, and it differs by scheme. TDS needs its Adjudication Review form within 28 calendar days of the letter or email giving the decision. DPS must receive a complaint about an error of fact or law within 3 months of the decision. mydeposits accepts complaints within six months of the resolution outcome. Each looks only for a clear error, not disagreement with the result, and won’t consider new evidence. Act quickly anyway: TDS says the disputed deposit is paid out once the decision is issued, though if an error affected the award, it pays the difference itself.

SourcesTDS: What to do if you are not satisfied with the service you have received (complaints process, version 7, April 2026)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: ComplaintsTDS Help Centre: deposit disputes FAQs

No. The schemes decide only on the evidence sent during the dispute, and new evidence isn’t a ground for reopening a decision. DPS’s custodial terms say evidence sent after the adjudicator has decided can’t be taken into account. TDS reviews a decision only where there is an error of fact or law, and mydeposits’ complaint process looks only at the evidence provided at the time and closes complaints that raise new claims. The schemes’ joint guide says the decision is final and binding and can otherwise be challenged only through a court. Keep the late evidence anyway, in case the dispute goes to court.

SourcesDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: ComplaintsTDS Group: Annual Review 2024/25A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

Yes, a tenant can start a court claim, but both of you agreed at the outset that the adjudicator’s decision would be final and binding. The schemes’ joint guide says it can be challenged only through a court, for an error of fact or law, and DPS’s terms say nothing stops either party pursuing the other through the courts if they disagree. How a court deals with such a claim is for the court. Keep the decision, your evidence and all correspondence. If a letter before claim arrives, reply within the time it allows, which the Practice Direction on Pre-Action Conduct puts at 14 days in a straightforward case, and answer any court papers by their deadline.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS Custodial Terms and Conditions (v35, May 2026)Practice Direction: Pre-Action Conduct and ProtocolsGOV.UK: Respond to a court claim for money

It depends on what you’re claiming and whether your tenant agrees to the scheme’s service. The dispute service is free for most tenancies, decides on written evidence and can award no more than the deposit; TDS reports its adjudications took 19 days on average in 2024/25 once all evidence was in. A court claim costs a fee based on the amount, can cover sums above the deposit and can hear spoken evidence, and the median small claim took 41 weeks from issue to trial in April to June 2026. mydeposits says court usually suits cases the scheme can’t take, such as claims above the deposit or where one side refuses the scheme. Both routes need the same core evidence.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS Group: Annual Review 2024/25mydeposits: Tenancy deposit disputes and small claims courtMinistry of Justice: Civil Justice Statistics Quarterly, April to June 2026GOV.UK: Make a court claim for money

Mainly court fees, which rise with the amount you claim. At the time of writing, GOV.UK’s civil court fees list (EX50, updated July 2026) charges £35 to issue a claim of up to £300, £115 for £1,500.01 to £3,000, and £455 for £5,000.01 to £10,000. If the claim is defended and goes to a small claims hearing, a hearing fee of £27 to £346 applies, depending on the amount. Enforcing a judgment the tenant doesn’t pay costs more, for example £96 for a warrant of control. You don’t need a solicitor, and solicitors’ fees usually can’t be recovered on the small claims track. Check GOV.UK’s current fees before you issue.

SourcesGOV.UK: Civil court fees (EX50), updated 13 July 2026GOV.UK: Make a court claim for moneyCivil Procedure Rules, Part 27 (the small claims track)

Yes, if you know the exact amount and the tenant has an address in England or Wales. GOV.UK says you can claim online unless, among other things, you don’t know how much you’re claiming, you’re claiming against 3 or more people, or someone you’re claiming against has no address in England or Wales; otherwise use paper form N1. Claim only the shortfall: an adjudicator can’t award more than the deposit (TDS dispute rule 3.4, DPS custodial clause 21(i)), so let the deposit dispute finish, then claim the balance, giving credit for what the scheme paid you. Write to the tenant first, setting out the amount and how you calculated it.

SourcesGOV.UK: Make a court claim for moneyTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)Practice Direction: Pre-Action Conduct and Protocols

Possibly, but you must try to find it first. Under Civil Procedure Rule 6.9, a claim against an individual is served at their usual or last known residence, but if you have reason to believe they no longer live there, as with your own rental property, you must take reasonable steps to find their current address. If you can’t, you must consider another place or method of service, such as email, and apply to the court for permission under rule 6.15. Only if neither works can you serve at the last known address. GOV.UK’s online claim asks for the tenant’s address. For the deposit itself, the schemes have a procedure for a tenant who can’t be contacted.

SourcesCivil Procedure Rules, Part 6 (service of documents)GOV.UK: Make a court claim for moneyTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)mydeposits: Conditions of resolution, custodial (v04)

It’s a letter setting out your claim before you go to court, and courts expect one. The Practice Direction on Pre-Action Conduct says you should write with concise details: the basis of the claim, a summary of the facts, what you want and, for money, how the amount is calculated. The tenant should reply within a reasonable time, 14 days in a straightforward case. Courts can penalise a party who skips these steps, for example in costs or interest. If you let as a business and your claim is a debt, such as rent arrears, the Pre-Action Protocol for Debt Claims may apply instead, with set forms and 30 days for the tenant to reply.

SourcesPractice Direction: Pre-Action Conduct and ProtocolsPre-Action Protocol for Debt Claimsmydeposits: Tenancy deposit disputes and small claims court

No. mydeposits notes the small claims track is designed for the public to use without formal legal representation, and GOV.UK says that at a hearing you can represent yourself, pay a barrister or solicitor, have someone advise you, or ask someone to speak for you, which may need the court’s permission. Practice Direction 27A lets a lay representative present your case if you attend. Bear in mind that the track limits recoverable costs: under Civil Procedure Rule 27.14 the court usually can’t order the tenant to pay your legal fees unless they’ve behaved unreasonably. You might still pay for advice on a difficult point, such as a counterclaim over deposit protection.

Sourcesmydeposits: Tenancy deposit disputes and small claims courtGOV.UK: Make a court claim for moneyCivil Procedure Rules, Practice Direction 27A (small claims track)Civil Procedure Rules, Part 27 (the small claims track)

Usually months rather than weeks if it’s defended. The Ministry of Justice’s civil justice statistics put the median time from issue to trial for small claims at 41.0 weeks in April to June 2026, with longer waits in London and the South East; that figure covers only claims that reach a trial. If the tenant doesn’t respond by the deadline on the claim, which they can extend by 14 days, you can ask for judgment without a hearing. Defended claims of £10,000 or less go to free telephone mediation first. By comparison, TDS reports its adjudications took 19 days on average in 2024/25 once all evidence was in.

SourcesMinistry of Justice: Civil Justice Statistics Quarterly, April to June 2026GOV.UK: Make a court claim for moneyGOV.UK: Respond to a court claim for moneyTDS Group: Annual Review 2024/25

Yes, the court can order the tenant to repay them. On the small claims track, Civil Procedure Rule 27.14 lets the court order the other side to pay your court fees, the fixed costs of issuing the claim, reasonable travel expenses for a hearing, loss of earnings of up to £95 a day for you or a witness, and up to £750 for an expert, under Practice Direction 27A. It won’t usually cover solicitors’ fees or your own time unless the tenant behaved unreasonably. You can also claim interest, usually 8% a year on a fixed sum. An order still has to be paid, so getting the money depends on the tenant paying or on enforcement.

SourcesCivil Procedure Rules, Part 27 (the small claims track)Civil Procedure Rules, Practice Direction 27A (small claims track)GOV.UK: Make a court claim for moneymydeposits: Tenancy deposit disputes and small claims court

You can ask the court to enforce the judgment, paying a fee for each step. GOV.UK lists the options: an order for the tenant to attend court and give details of their income and spending, a warrant of control so bailiffs can collect, an attachment of earnings order taking money from their wages, a third-party debt order freezing money in their bank account, and a charging order over land or property they own. At the time of writing, EX50 lists £69 for an order to obtain information, £96 for a warrant of control and £139 for an attachment of earnings order. Finding out what the tenant can afford first helps you choose the right step.

SourcesGOV.UK: Make a court claim for money, enforce a judgmentGOV.UK: Civil court fees (EX50), updated 13 July 2026

No. Each deduction can go through one route, not both. The schemes won’t adjudicate a dispute that is already the subject of court proceedings (TDS scheme rules 10.6 and 11.2, DPS custodial clause 21(l)), and they can refuse matters a court has already decided. Once an adjudicator decides, the decision is final and binding, so a court claim for the same items would amount to challenging it. What you can take to court is what the scheme couldn’t award, such as costs above the deposit, giving credit for what you received. If you start court action on any part of the dispute while the scheme is dealing with it, TDS’s rules require you to tell it.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

No official source says how much weight a judge gives it, so it depends on the court and the claim. The schemes’ joint guide says the decision is final and legally binding unless the adjudicator made an error of fact or law, and that the only way to challenge it is through a court. TDS’s rules add that an adjudicator’s outcome may differ from one a court reaches by applying legal rules, and its scheme rules allow for a court reaching a different decision. A judge decides on the evidence and arguments put to the court, so if you rely on the decision, include it alongside your full evidence and get independent advice.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)

Much the same as a deposit adjudicator, plus written statements. For landlord and tenant claims, Practice Direction 27A lists a calculation of any rent owed showing amounts received, and the breaches said to justify keeping the deposit, itemised with invoices and estimates. Its standard directions require copies of every document you rely on, including the letter of claim and the reply, to reach the court and the tenant at least 14 days before the hearing, with originals brought on the day, and special directions can require signed witness statements, including your own. Include the tenancy agreement, check-in and check-out reports, dated photos and correspondence. Expert reports need the court’s permission.

SourcesCivil Procedure Rules, Practice Direction 27A (small claims track)Civil Procedure Rules, Part 27 (the small claims track)mydeposits: Tenancy deposit disputes and small claims court

Yes. Under Civil Procedure Rule 20.4, a tenant can file a counterclaim with their defence without the court’s permission, or later with permission, and pays a court fee based on its value. A common example is a claim that the deposit wasn’t protected, or the prescribed information wasn’t given, on time: if the court finds that, section 214 of the Housing Act 2004 requires it to order you to pay one to three times the deposit. Tenants may also counterclaim over disrepair. The Practice Direction on Pre-Action Conduct expects the tenant to mention any counterclaim when replying to your letter before claim. Check your protection paperwork before you issue.

SourcesCivil Procedure Rules, Part 20 (counterclaims and other additional claims)GOV.UK: Civil court fees (EX50), updated 13 July 2026Housing Act 2004, section 214Practice Direction: Pre-Action Conduct and Protocols

Start court proceedings, or reach agreement with your tenant, within the scheme’s time limit, or the scheme may pay the disputed amount to the other side. TDS Custodial expects evidence of proceedings or an agreement within 3 months of your refusal (dispute rule 2.6). DPS gives you 6 months to start proceedings or agree, for custodial and insured deposits. mydeposits gives whoever chooses court 6 months to provide an issued court claim, otherwise it releases the unresolved amount to the other party; for an insured deposit you must still lodge that amount with mydeposits. When you obtain a court order, it needs to say how the deposit is to be paid out.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS Insured Terms and Conditions (V30, May 2026)mydeposits: Conditions of resolution, custodial (v04)mydeposits: Conditions of resolution, insured-backed (July 2026)

The scheme holds the disputed amount until there’s a final court order or a signed agreement. For a custodial deposit, the scheme already has it; for an insured one, the joint guide says you should pay the disputed amount to the scheme, which holds it the same way, and mydeposits requires this. The order has to deal with the deposit. TDS pays out once the order is final, after any appeal period, and needs it to state the amount due to each party and that the deposit can be used to pay it. DPS needs it to refer to the deposit and say how much goes to whom. Otherwise the order may need amending first.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, insured-backed (July 2026)

Not where the court case covers the same issues, and the schemes word this differently. TDS won’t resolve deposit disputes already the subject of court proceedings. DPS says its adjudicator can’t consider a dispute while court proceedings between the parties are ongoing, and won’t admit one where either side has said it intends to sue. mydeposits refuses cases where proceedings about the tenancy issues raised have started, unless withdrawn, paused for mediation or sent back by the court. TDS says a tenant’s claim over deposit protection doesn’t stop adjudication if both sides consent and the court hasn’t ordered the deposit repaid or protected. Tell the scheme about any proceedings, including possession or arrears claims.

SourcesTDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: What adjudicators doDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)

It means more likely than not. TDS’s guide to presenting your case says the adjudicator decides whether it’s more likely than not that you’re entitled to what you claim, and that you don’t have to prove it beyond reasonable doubt. The schemes’ joint guide applies the test to two points: that the tenant broke their obligations, and that you suffered, or are likely to suffer, a loss as a result. Because TDS’s rules start from the presumption that the deposit belongs to the tenant, each deduction needs evidence that tips the balance, such as check-in and check-out reports, dated photos and invoices or quotes.

SourcesTDS: How to present your case to a TDS adjudicatorA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: What adjudicators do

You do. The schemes’ joint guide says the onus is on the landlord to prove a claim to the deposit, while the tenant has no obligation to prove their position, because the deposit remains the tenant’s money until you prove otherwise. TDS’s rules start from that presumption. For each deduction you need to show what the tenant agreed to, that they broke it, and the loss it caused. If the tenant raises a point of their own, such as damage that was there at check-in, TDS’s guidance says the burden is on them to prove it, and its rules expect documentary evidence in reply.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicatormydeposits: Conditions of resolution, custodial (v04)

Don’t count on it. TDS’s rules say parties shouldn’t assume the adjudicator will raise enquiries or ask for evidence they’ve left out, and TDS won’t normally act on evidence described as ’available on request’. DPS says it won’t request specific items, although its terms allow it to ask for extra information or clarification. mydeposits may ask for more if the adjudicator can’t decide and has reason to believe a document exists, but isn’t required to. The schemes’ joint guide calls a request outside the deadlines unusual. Send everything that supports each deduction, with a short explanation, before your deadline.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: Are you ready to power up for dispute success? (2021)DPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

No. The schemes’ joint guide says the adjudicator won’t contact witnesses to obtain further evidence, cross-examine them or take evidence under oath, and TDS says its adjudicators won’t contact the parties for missing information either. Whatever a contractor or witness has to say must be in writing in your evidence. TDS suggests a contractor’s report on headed paper, dated and referring to the property, and notes the adjudicator won’t automatically follow the contractor’s opinion. It also says statements from impartial people, such as a neighbour or the new tenant, can be useful, while those from friends and family seldom are.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How to present your case to a TDS adjudicator

Often. In TDS’s published figures, a split is the most common outcome of adjudication. Its Annual Review 2024/25 says that in England and Wales, 58% of insured-scheme adjudications ended in a split award, 37% went fully to the tenant and 5% fully to the landlord or agent. In its custodial scheme the figures were 45% split, 32% fully to the tenant and 23% fully to the landlord or agent. TDS links this to the burden of proof being on the landlord. These figures describe past cases in general, not any one dispute: each is decided on its own facts and evidence.

SourcesTDS Group: Annual Review 2024/25mydeposits: Conditions of resolution, custodial (v04)

Mostly because of fair wear and tear, betterment and gaps in evidence. The schemes’ joint guide says adjudicators award only a reasonable amount, allow for fair wear and tear, choose the most appropriate remedy, such as cleaning or repair rather than replacement, and won’t leave you better off than at the start, so replacing an older item is apportioned for its age. TDS’s rules base awards on the reasonable cost of making good, checked against sources such as high street prices. DPS lists missing claim breakdowns, late or incorrect evidence, betterment and unfair contract terms as common reasons claims fail. Claims for your own time are generally not allowed.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: Are you ready to power up for dispute success? (2021)

The schemes say not: their joint guide describes adjudicators as independent and impartial, and DPS lists the idea that it always favours one side among common misconceptions. What shapes the process is the law. The deposit is the tenant’s money until you prove a claim, so the burden of proof is on you, which DPS describes as a fundamental legal requirement rather than its own choice, and it says all schemes follow the same approach. TDS’s adjudicators follow a code of conduct. If you believe a decision contains a clear error of fact or law, each scheme has a review or complaint route, and beyond that the courts.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)DPS: Common dispute misconceptionsDPS: What adjudicators doTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Complaints

TDS’s guide to presenting your case lists them, in order, for each category of claim: what is this part of the claim for; what are the tenant’s obligations, under the tenancy agreement and the general law; did the tenant fail to meet them, shown by check-in and check-out reports or rent statements; if so, what loss did that cause, allowing for fair wear and tear; and what evidence quantifies the loss, such as invoices or quotes. The schemes’ joint guide adds the most appropriate remedy and avoiding betterment. Structure your statement the same way, answering each question for each deduction with a reference to the evidence.

SourcesTDS: How to present your case to a TDS adjudicatorA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

The decision gives reasons, and the schemes’ processes treat deductions item by item. TDS’s rules say its decision explains the facts it’s based on, the reasons, and how much of the disputed deposit goes to each side, and TDS asks you to break your claim into categories such as cleaning, damage and redecoration. mydeposits’ complaint process asks you to name the settlement, or deduction, and point to where the error is in the adjudicator’s comments. DPS’s terms don’t describe the layout of its decisions. Itemising your claim clearly makes it easier to see how each part was decided.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicatormydeposits: ComplaintsDPS Custodial Terms and Conditions (v35, May 2026)

Yes, though it’s rare. TDS’s rules let it refuse disputes it considers pursued unreasonably, frivolous or vexatious, or that reopen matters already agreed or decided by another dispute process or a court. DPS’s terms give its adjudicator the same power. mydeposits can refuse a case raised vexatiously, frivolously or unreasonably, or one it thinks a court should decide. Separately, an adjudicator can refuse individual deductions that aren’t supported. The Dispute Service’s ADR activity report for 2025 recorded no disputes refused as frivolous or vexatious. Keep each deduction specific, evidenced and proportionate.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS Custodial Terms and Conditions (v35, May 2026)DPS: What adjudicators domydeposits: Conditions of resolution, custodial (v04)The Dispute Service: Schedule 5 annual activity report for ADR bodies (1 January to 31 December 2025)

They can. TDS says sending an invoice or estimate doesn’t mean you’re entitled to that amount: adjudicators use their own experience to assess what’s reasonable if a cost looks excessive, and TDS’s rules refer to publicly available prices, such as high street stores and online services. DPS says that where a cost looks high and there are no quotes or invoices, the adjudicator may estimate reasonable costs from their own research. Explain any premium in your evidence, for example short notice, specialist materials or itemised extras, and include a second quote or comparable prices to show the cost is in line with similar contractors.

SourcesTDS: How to present your case to a TDS adjudicatorTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026DPS: The importance of invoices and evidence in positive dispute outcomes (2023)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

No. TDS’s guide to presenting your case says character evidence isn’t relevant: a tenant may have a criminal record and still have looked after the property, or be a charity volunteer and still have damaged it. Evidence about a party’s character, competence or conduct that has no bearing on the deposit usually won’t be considered, and unsupported allegations or opinions aren’t taken into account. mydeposits’ conditions say all evidence must be relevant and proportionate to the issues. Keep to each deduction: what the tenancy required, what changed between check-in and check-out, and what it cost. Late rent matters only if you’re claiming arrears.

SourcesTDS: How to present your case to a TDS adjudicatormydeposits: Conditions of resolution, custodial (v04)TDS Custodial Scheme Rules, 2nd edition, effective 1 May 2026 (TDS key documents)

Cleaning. TDS’s Annual Review 2024/25 says cleaning and damage remain the most common areas of dispute, and in England and Wales cleaning featured in 45% of its insured-scheme adjudications and 50% of its custodial ones; most disputes involve more than one issue. DPS’s figures for deposit claims in 2025 also put cleaning first, at 29.37% of claims, ahead of damage and rent arrears, for the fifth year running. The schemes’ joint guide says a tenant only has to return the property as clean as it was at the start, so detailed check-in evidence of cleanliness matters.

SourcesTDS Group: Annual Review 2024/25DPS: Cleaning main cause of tenancy deposit deductions for a fifth year running (11 June 2026)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)

On the schemes’ own websites. mydeposits publishes resolution and adjudication case studies in its Content Hub, each setting out the facts, the evidence and the outcome. DPS’s ’Be the adjudicator’ pages let you work through real disputes and see how the adjudicator decided and why. TDS’s guide to presenting your case includes worked examples of well and badly presented claims, and the schemes’ joint guide works through apportioning an item’s cost for its age. Treat them as illustrations of how the principles are applied: every case turns on its own evidence.

Sourcesmydeposits: Content Hub, case studiesmydeposits: Resolution case study, garden care and rubbish removalDPS: Be the adjudicatorDPS: Are you ready to power up for dispute success? (2021)TDS: How to present your case to a TDS adjudicator

TenancyVaults is an evidence preparation tool for landlords and letting agents with a deposit dispute in England or Wales. You add your check-in and check-out reports, photos, invoices and messages; it reads and sorts them, shows how each deduction is supported, and builds a numbered evidence pack in the order TDS, DPS or mydeposits asks for. You check everything and submit it to the scheme yourself.

No. TenancyVaults prepares and organises your evidence, and it isn’t legal advice. It explains how the schemes’ own rules and guidance work, links to them, and points out where your evidence is thin, but it never predicts what an adjudicator will decide. Only the scheme’s adjudicator, or a court, decides a dispute. For advice on your own situation, speak to a solicitor or your landlord association.

No, you submit it. The schemes expect the landlord or agent to upload evidence through their own online dispute service before the deadline. TenancyVaults gives you the finished pack, a numbered PDF and a ZIP of every exhibit renamed to match, with a checklist of what to upload and where. The submission, and the statement you put your name to, are yours.

A dispute pack costs £49, paid once for the case when you build it. Everything before that is free: setting up the case, adding your evidence, listing your deductions, seeing how each one is supported and previewing the pack. Evidence Locker subscribers pay £29, or nothing when the free-pack rule applies. You pay by card, Apple Pay or Google Pay, through Stripe.

A numbered PDF, in the order your scheme asks for: a cover, a statement for each deduction written from your evidence (for you to check and change), a schedule of what you’re claiming, a timeline, an index of exhibits and an upload checklist. With it comes a ZIP of every exhibit, renamed to match its number, ready to upload to TDS, DPS or mydeposits.

Everything up to building the pack is free: setting up a case, working out your evidence deadline, adding evidence by upload or by email, listing your deductions, seeing how each is supported and previewing the pack. The deadline calculator, the guides and these questions are free without an account. You pay only when you build the finished pack.

A dispute pack is free when you have an Evidence Locker subscription and the case comes from a tenancy in your Locker whose check-in you completed with the guided check-in in the app, with every room’s required photos. There’s one free pack per tenancy. Otherwise subscribers pay £29 for a pack and everyone else pays £49.

Yes, until your pack is generated. If you change your mind after paying, email us before the pack is generated and you’ll get a full refund. Once it has been generated you’ve had what you paid for, so there’s no refund; you agree to that, and to the pack being made straight away, when you pay. The details are in our terms.

The Evidence Locker keeps each tenancy’s records in one place from the day it starts: the agreement, inventories, photos, certificates, invoices and emails, with a guided check-in and check-out on your phone and a link for the tenant to sign the report. If a dispute comes, a case starts with the evidence already there. It costs £4.99 a month for your first property and £2.99 for each one after, or £49.99 and £29.99 a year.

Your files are stored by Amazon Web Services in London and our database is hosted by Railway in the EU, under UK data protection law. Your original files are never changed, and location data is removed from the copies of your photos. You can download everything in your account, delete a case, or delete your whole account from your account settings. The privacy policy lists everyone who handles your data, and why.

You can use AI chatbots such as ChatGPT to help draft it, as the schemes’ published rules don’t mention AI, but you’re responsible for what you submit. DPS’s terms say each party is solely responsible for the content of its evidence. The judiciary’s AI guidance warns that chatbots can make factual errors, invent legislation or cases, and often reflect US law rather than the law of England and Wales. Check every fact, date and figure against your evidence, follow TDS’s advice to stick to the facts, and leave out your tenant’s personal details: the guidance treats anything typed into a public chatbot as potentially public.

SourcesCourts and Tribunals Judiciary: Artificial Intelligence (AI) Guidance for Judicial Office Holders (October 2025)DPS Custodial Terms and Conditions (v35, May 2026)TDS: How to present your case to a TDS adjudicator

None of the schemes says how it treats AI-drafted text, and their rules don’t mention it. What they do say is that adjudicators decide on the evidence: the joint guide says they take into account only evidence submitted in the process, and TDS says they don’t usually take unsupported allegations, opinions or suspicions into account. Problems come from errors rather than the tool, such as wrong dates, rules that don’t apply in England and Wales, or claims your photos don’t support; the judiciary’s AI guidance lists unfamiliar or invented references as signs of AI-produced work. Write plainly and link each deduction to its evidence.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: How to present your case to a TDS adjudicatorCourts and Tribunals Judiciary: Artificial Intelligence (AI) Guidance for Judicial Office Holders (October 2025)

Answer it point by point on the evidence, not on its tone or length. For each deduction, set out the tenancy term, what the check-in and check-out reports and photos show, and the cost, with invoices or quotes. Check any law the letter cites: the judiciary’s AI guidance notes chatbots often draw on US law and can invent cases or legislation, and deposit rules in England and Wales come from the Housing Act 2004 and the schemes’ own rules. The burden stays on you to prove each deduction whatever the tenant writes, and adjudicators decide on the evidence. Stay courteous and keep copies of everything.

SourcesCourts and Tribunals Judiciary: Artificial Intelligence (AI) Guidance for Judicial Office Holders (October 2025)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026TDS: How to present your case to a TDS adjudicator

Yes, software can sort, label and index evidence, but the schemes’ standards are what count. TDS asks for photos labelled with the date, room and what they show, numbered and cross-referenced to the check-in and check-out reports, plus a short summary of what each piece of evidence proves. DPS accepts set file types, up to 40MB per upload, and wants photos signed or accompanied by a signed statement of when they were taken. Keep the original files unaltered: TDS notes digital photos can easily be altered, and mydeposits asks you to explain if you rely on a file’s electronic properties, such as its date. You remain responsible for what you upload.

SourcesTDS: How to present your case to a TDS adjudicatorTDS: Inventories, check-in and check-out reportsDPS Custodial Terms and Conditions (v35, May 2026)mydeposits: Conditions of resolution, custodial (v04)

They’re judged like any other inventory, on accuracy and how they were made; the schemes’ published guidance doesn’t address AI-generated reports. The joint guide says the most reliable reports are usually prepared by an independent clerk, contain clear dated photos and are signed by the tenant, and that reports made by landlords need evidence the tenant saw them and could comment. It warns that vague words like ’fair’ and ’ok’ don’t help. AI tools can make factual errors, so check every description against the photos, replace generic wording, record anything new or damaged precisely, and give your tenant the chance to agree it.

SourcesA Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)TDS: Inventories, check-in and check-out reportsCourts and Tribunals Judiciary: Artificial Intelligence (AI) Guidance for Judicial Office Holders (October 2025)

No. Only the adjudicator, or a court if the case goes there, decides what you’re awarded, and they decide on the evidence submitted in your case. TDS’s rules say two seemingly similar cases won’t necessarily produce similar outcomes, and mydeposits says each case is decided on its own facts and evidence. An AI chatbot hasn’t seen everything the adjudicator will weigh, including your tenant’s response, and the judiciary’s AI guidance warns that chatbots generate the most likely-sounding text, which isn’t necessarily the most accurate answer. AI can help you check that each deduction has a tenancy term, before-and-after evidence and a cost behind it.

SourcesTDS: Rules for the Independent Resolution of Tenancy Deposit Disputes [Custodial Scheme], 4th edition, effective 1 May 2026mydeposits: Conditions of resolution, custodial (v04)Courts and Tribunals Judiciary: Artificial Intelligence (AI) Guidance for Judicial Office Holders (October 2025)A Guide to Deposits, Disputes and Damages (joint guide by TDS, DPS and mydeposits, revised July 2026)