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  • Deposit Protection

    New TDS guide: Making ending a tenancy easier



    With the annual busiest day for end of tenancies approaching, the country’s leading deposit protection provider TDS has launched a new guide to make the process of concluding a lease easier for tenants, landlords and agents.

    TDS expects the third Thursday in September (21st September) to be the busiest period for tenancies coming to an end. The date has been calculated from the peak day over the last ten years. Last year, the third Thursday in September TDS saw 18,000 tenancies coming to an end, compared to the average of 1,300 and 2017 is looking to follow suit.

    The downloadable guide gives the latest advice on what to do when a tenant is due to move out of a property, in particular highlighting the key points to address before, during, and after a check-out inspection.

    The guide also gives advice on the best approach for negotiating the return of the deposit and promotes the use the new deposit deduction template, recently developed by TDS, to hasten an early agreement.

    Michael Morgan, director of dispute resolution at TDS, said: “We see many disputes where a few simple steps taken before the end of the tenancy could avoid problems later on. Tools like our new guide and the deposit deduction template provide a solid structure and basis for end of tenancy procedures and to improve deduction negotiations. If tenants better understand the reasons for deductions at an early stage and can see the justification for them, they are much more likely to agree.”

    Steve Harriott, TDS chief executive added: “This is great guidance for members and their tenants – and another great example of the work being done by TDS to reduce disputes and improve practices for dealing with tenancy deposits.”

    DOWNLOAD the new TDS "End of Tenancy Guide"

    A reprise of our "Tenancy Deposit Protection" Week 2017:



    Monday -      TDP - history and highlights 

    Tuesday -     Choosing TDP - Custodial vs. insured scheme?

    Wednesday - How to protect a deposit professionally

    Thursday -     Importance of the inventory in TDP

    Friday -          Ending the tenancy and return of the deposit 

    SEE ALSO  -           End of tenancy - how clean is clean?

    UP NEXT -               TDS release new Academy course dates
     
    DON'T MISS -          This one picture will convince of the value of an inventory and inspections.

    NOW WATCH:

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    In this short video, Mike Morgan of TDS, shares some more insights into the End of Tenancy Guide:



    DOWNLOAD the new TDS "End of Tenancy Guide"

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    Early intervention between landlords and tenants across the UK is resulting in many more deposit disputes being resolved by agreement, without the need to go to adjudication according to Tenancy Deposit Scheme (TDS).

    By law, each deposit protection scheme must offer free dispute resolution services for tenants, landlords and agents who can’t agree how deposits should be distributed at the end of a tenancy. Dispute resolution can involve a number of solutions and does not automatically involve formal adjudication.

    Not-for-profit company TDS and its sister organisations TDS Northern Ireland and SafeDeposits Scotland have been promoting mediation and early intervention in disputes over the last year to help parties resolve their differences at an earlier stage by agreement.

    New figures from the group of companies show that the number of disputes over tenancy deposits, which are resolved before going to adjudication, has risen dramatically.

    In England and Wales in the last 12 months, the number of tenancy deposit disputes being resolved before going to adjudication increased by 31% compared to the previous period. In Scotland, the increase was 18%, and in Northern Ireland, 56%.

    Fewer than 1% of the tenancy deposits protected by TDS in England and Wales ends in a dispute (17,628 cases between April 2018 and March 2019), but of that 1%, more than a fifth (23%) were resolved in the pre-adjudication stages.

    For TDS’s insurance-backed tenancy deposit protection scheme in England and Wales, tenants can raise a dispute if they disagree with the deductions their landlord requests on the deposit. Agents and landlords can raise disputes too if tenants disagree with their proposed deductions. Both parties are then invited to submit evidence to TDS for review.

    TDS’s alternative dispute resolution team, based in Hemel Hempstead, has now introduced an early resolution step that proactively helps both parties reach an amicable settlement, without the need for the formal adjudication process.

    SafeDeposits Scotland carries out the same process from its base in Glasgow.

    In TDS’s Custodial schemes in England and Northern Ireland, an online self-resolution is triggered after the parties have disagreed about the repayment of the deposit. The system helps the parties to reach their own settlement through a process of proposals and counter proposals aimed at reducing the amount they are each prepared to settle for.

    Alison MacDougall, Director of Dispute Operations at TDS, said: “Resolving disputes over how the tenancy deposit should be divided quickly is beneficial for both the landlord and the tenant. That’s why we actively open a dialogue between the parties to secure a swift and amicable agreement.

    ​“Disputes can be tense for parties involved in a tenancy, but we find that by facilitating a negotiation, we can help defuse situations and settle disagreements quickly and fairly.  The parties all benefit from keeping control of the decision rather than asking a third party to make a decision for them.”

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