TDS vs DPS vs mydeposits: how deposit disputes differ

What do TDS, DPS and mydeposits have in common?

They are the three government-approved deposit protection schemes in England and Wales, and the law sets the shape of their dispute services (GOV.UK):

• Free and optional. Using the dispute service costs nothing beyond preparing your own evidence, and no scheme can make it compulsory (Housing Act 2004). Both you and the tenant have to agree to it; otherwise the dispute goes to court or you settle.
• Decided on paper. An adjudicator reads what each side sends. Nobody visits the property and there is no hearing.
• The deposit is the tenant’s until you show, with evidence, that each deduction is justified.
• Fair wear and tear is allowed for, and no award leaves you better off than at the start of the tenancy. A worn item is claimed as a share of its cost, not the price of a new one.
• The award can’t be more than the money in dispute. Anything beyond it is a matter for court.

They also expect the same core evidence. The three schemes publish a joint guide to deposits, disputes and damages, and each asks for a signed tenancy agreement, check-in and check-out reports, dated photos, and invoices or quotes for each cost.

How long does each scheme give you to send evidence?

This is where they differ most, and the deadlines are strict: nothing new can be added once they pass.

• TDS: 5 working days from TDS’s invitation to submit evidence, custodial or insured. The tenant then has 5 working days to respond (TDS key documents).
• DPS: 14 calendar days from DPS’s evidence request, for both sides at once, custodial or insured. Evidence must arrive before midnight on the deadline day (DPS dispute process).
• mydeposits: 5 working days from the case moving to resolution for a custodial deposit; 10 working days to finalise evidence for an insured one. Evidence not confirmed by the deadline is confirmed automatically (mydeposits dispute process).

Working days leave out weekends and bank holidays; DPS counts calendar days, so its deadline can fall on a Sunday. Our free evidence deadline calculator works out the date for any of the six.

Does the tenant see my evidence first?

It depends on the scheme. At TDS, you submit first and the tenant sees everything you send before responding. At DPS, both sides send evidence at the same time, and neither sees the other’s before the adjudicator does, with no stage to reply. At mydeposits, both sides confirm their final evidence in the same window, and nothing can be added after confirming.

Either way, send everything the first time. TDS won’t chase evidence you describe as “available on request”, and none of the three accepts new items once the deadline has passed.

How does a dispute start with each scheme?

For a custodial deposit, the scheme holds the money, and you or the tenant start by asking for it to be repaid. You set out each deduction; the other side agrees or disagrees.

For an insured deposit, you or your agent hold the money, and each scheme has you pay the disputed amount to it before the dispute goes ahead:

• TDS Insured: a dispute can be raised from 10 days to 3 months after the tenancy ends; you send the disputed amount to TDS.
• DPS Insured: the tenant raises it within 90 days of the tenancy ending. You return DPS’s Notification of Dispute form and pay the disputed amount within 10 calendar days (DPS insured terms, clause 18).
• mydeposits insured: everything happens within 90 days of the tenant moving out. You lodge the disputed amount before resolution, within 10 working days if the tenant starts it (conditions of resolution, section D).

In every case, pay the tenant promptly any part of the deposit that isn’t in dispute.

How do I send evidence to each scheme?

• TDS: upload it, setting out each deduction under TDS’s headings (cleaning, damage, redecoration, gardening, rent arrears, other) with its own amount and the evidence that shows it.
• DPS Custodial: upload it online. The written statement field takes up to 1,000 characters, so put a longer statement in a document; each upload can be up to 40MB (DPS dispute process). DPS doesn’t accept custodial evidence by email (custodial terms, clause 21(p)).
• DPS Insured: by email or post, arriving before midnight on the deadline day.
• mydeposits: on its Total Property portal. For an insured deposit, each deduction is its own settlement item with its evidence attached, and you can’t add new items once the release has started.

What if the tenant won’t agree to use the scheme?

The money stays protected until there is a court order or you agree. Each scheme then sets a time limit for court proceedings, after which it may pay the money to the other side: 3 months at TDS, 6 months at DPS and at mydeposits.

How long does a decision take?

• TDS: the adjudicator aims to decide within 15 working days of receiving the case; TDS says a whole dispute can take up to 16 weeks.
• DPS: usually within 15 working days of the adjudicator receiving the papers, about six weeks after the evidence request.
• mydeposits: 15 working days for an insured case and 28 calendar days for a custodial one, then payment within 5 working days.

Can I challenge the decision?

All three decisions are final and binding, with no appeal on the merits. Each allows a narrow challenge:

• TDS: a review, only for a clear error of fact or law, asked for within 28 calendar days.
• DPS: a complaint, only for a clear error of fact or law, received within 3 months.
• mydeposits: a complaint within 6 months, only for a clear error of fact, law or administration.

Disagreeing with how the evidence was weighed isn’t enough for any of them. Beyond that, the route is the courts.

Which scheme is my deposit in?

You chose it when you protected the deposit, and it’s on the protection certificate and the prescribed information you gave the tenant. The certificate also says whether it’s custodial or insured, which decides how the dispute starts and, at mydeposits, how long you have for evidence.

Does this apply in Wales?

All three protect deposits in England and Wales, and their dispute processes are the same in both. The law around deposits differs: this guide describes England. In Wales, deposits fall under the Renting Homes (Wales) Act 2016. Scotland and Northern Ireland have their own schemes.