What happens if the deposit dispute is dealt with by the Court?
Please be aware we are unable to deal with a dispute once we receive notification that one party has chosen to proceed via Court. As part of any Court proceedings, it is possible that the Court may deal with the case as a whole to include the return of the deposit, any claim for rent arrears, dilapidations and/or any counterclaim issues. TDS will await the conclusion of the Court proceedings and receipt of a Court Order containing directions as to the distribution of the disputed deposit. The parties shall need to ensure that any Court Order granted contains a specific direction about the deposit monies so that TDS can release the funds held. In accordance with The Housing Act 2004, Schedule 10, paragraph 6(4)(a) TDS, as the Scheme Administrator, is obliged to make payment, where one party has chosen to proceed via the courts, if: 1. the Court Order issued is specific. It clearly sets out what the judgement was for e.g. rent arrears or damage to the property and directs TDS to make pay
