If TDS Northern Ireland discovers that the member did not pay a new deposit protection charge when it was due, then in the of a dispute, TDS Northern Ireland may award the tenant the disputed amount without referral to the dispute resolution mechanism. A summary of the different options available to the member for the continuing protection of an insured deposit is set out in Appendix 1. Repaying an insurance deposit at the end of the tenancy where there is an agreement between the landlord and tenant At the end of the tenancy the landlord and tenant should agree between themselves how the deposit should be allocated. If there is agreement, the landlord should apportion the deposit in the manner agreed with the tenant. The landlord should then record this on the TDS Northern Ireland tenancy database and indicate that the deposit has been repaid to the parties and the sums agreed between them. Repaying an insurance deposit where the landlord and tenant do not agree If the landlord and tenant cannot agree about the way the deposit should be allocated, the tenant should raise a dispute on the TDS Northern Ireland website. The tenant will also be asked to confirm that they consent to adjudication. A dispute can only be raised by the tenant and must be done no later than 3 months from the date the tenancy ended. Table 1: Protection payment options Scenario Member Action Fee Payable? Comment term tenancy ends and tenant vacates. Deposit protection ends automatically on the last day of the fixed term and tenants notified of end of protection. No action required. No. The lead tenant has three months from the last day of the tenancy to raise a dispute in the event of disagreement. Tenancy continues on a periodic basis, on the same terms. The member to update the tenancy database before the last day of the fixed term. No fee is due. This can only be done before the last day of the fixed term tenancy. Fixed term tenancy ends and continues on a rolling periodic tenancy Landlord takes no action. TDS Northern Ireland will assume that the original tenancy agreement has ended and the protection of the deposit will end automatically. The tenants will be No. It is the member’s responsibility to tell TDS Northern Ireland before the end of the fixed term if the tenancy is continuing, otherwise the deposit will be unprotected.
notified. A new fixed term tenancy is created with the same tenants. Landlord takes no action. Member must the protection of the deposit on the TDS Northern Ireland Tenancy Database and pay the associated fee to avoid protection ending. A new deposit protection charge is payable. The deposit protection for the initial tenancy will end on the last day of the fixed term. The deposit for the new tenancy will be unprotected. A new fixed term tenancy is created with different tenants. Landlord takes no action. Member must renew the protection of the deposit on the TDS Northern Ireland Tenancy Database and pay the associated fee to avoid protection ending. A new deposit protection charge is payable. The deposit protection for the initial tenancy will end on the last day of the fixed term. The deposit for the new tenancy will be unprotected. Scenario Member Action Fee Payable? Comment A new term tenancy is created with at least one of the existing tenants, but including some new ones. Landlord takes no action. Member must the protection of the deposit on the TDS Northern Ireland Tenancy Database and pay the associated fee to avoid protection ending. A new deposit protection charge is payable. The deposit protection for the initial tenancy will end on the last day of the fixed term. The deposit for the new tenancy will be unprotected. Fixed Term Tenancy ends and becomes a rolling Periodic Tenancy but there is a material change in its terms. For example, the deposit amount changes. Landlord takes no action. Member must renew the protection of the deposit on the TDS Northern Ireland Tenancy Database and pay the associated fee to avoid protection ending. A new deposit protection charge is payable. The deposit protection for the initial tenancy will end on the last day of the fixed term. The deposit for the new tenancy will be unprotected. Resigning from the TDS Northern Ireland insurance scheme