Does the deposit holder have to send TDS the full deposit?
The deposit holder must send TDS the total amount of the deposit that is in dispute. This may be the full deposit. However, where there is an agreement over part of the deposit, then this part must be returned to the parties in accordance with that agreement and the amount in dispute sent to TDS i.e. the deposit holder must send the full deposit less any amount(s) already agreed by the parties and paid over to them. Failure to send the disputed amount to TDS will not delay the adjudication. If the deposit holder does not send the disputed amount to us, we will pay any sum due to the tenant in accordance with the award made in our adjudication. We will take appropriate action to recover the disputed amount from the deposit holder. We will claim back any amount paid by us from our insurers if the agent is unable to pay the amount due e.g. where they have become insolvent.
