Frequently Asked Questions - Tenants

• How to get your deposit back
  • How do I get my deposit back?

    • Firstly, you will want to check if your deposit is held with TDSNI.  You can check this using this link: Is my deposit protected with TDSNI?

    If you cannot find your deposit here, it may be protected with another scheme. Please visit the Government website to find out which schemes operate in Northern Ireland. 

    If your deposit is held with TDSNI, please follow the below instructions depending on which of our two schemes your deposit is held in, Insured or Custodial.

  • Getting my deposit back in TDSNI Custodial

    To release the deposit at the end of the tenancy the lead tenant should submit a ‘Request for repayment’ by logging into their TDSNI Custodial account and following these steps:

    1.     Go to the deposit summary and click ‘Request repayment of deposit.’

    2.     Tell us how much of the deposit each party should receive.

    3.     We will notify the agent/landlord of your request and invite them to respond.

    4.     If the - agent/landlord agrees with the request, we will repay the deposit.

    If the agent/landlord doesn’t agree to the request they will be given the opportunity to raise a dispute and use our Dispute Resolution Mechanism service to decide how the deposit should be divided.

  • Getting my deposit back – TDSNI Insured

    ‌If your landlord or agent holds your deposit it is protected in our insured scheme.

    You should contact them directly to arrange the return of the deposit. If there is an agreement then the agent/landlord must repay, to the tenant, the deposit owing to them within 5 working days.

    If you are unable to reach an agreement over how the return of the deposit, the lead tenant can submit a dispute to TDS Northern Ireland and an impartial adjudicator will decide how the deposit is to be divided.

  • How long does my landlord have to return my deposit?

    If your deposit is protected in Custodial scheme, the deposit funds will be repaid by the scheme as agreed with agent/landlord at the end of tenancy.

    If your deposit is protected in our Insured Scheme, the agent/landlord is holding the deposit funds.

    At the end of tenancy, the tenant and agent/landlord should try and come to an agreement about how the deposit should be allocated between parties.

    If there is an agreement, then the agent/landlord must repay the tenant the deposit owing to them within 5 working days.

  • What if the agent or landlord deducts money from my deposit?

    If the agent/landlord wants to withhold some or all of your deposit, they should tell you as soon as possible after the tenancy has ended.  

    In the first instance, you should try to agree on how the deposit should be allocated with your agent/landlord. Most disputes are resolved informally in this way, which helps speed up the return of your allocated deposit.  

    If you cannot come to an agreement this way, our dispute resolution team will step in to help both parties reach a decision you’re both happy with.

    If an agreement can still not be reached, then a TDS adjudicator will decide how the deposit should be split.

    All parties must provide evidence to support their claim of how the deposit should be divided. The adjudicator will normally decide based on the evidence received within 20 days after the deadline for submitting evidence.

     

  • What can my landlord keep my deposit for?

    Your agent/landlord can only deduct money from your deposit if you have breached the terms of your tenancy agreement. Common reasons for deduction include:

    • Cleaning
    • Damage
    • Redecoration
    • Unpaid rent
    • Gardening

    The landlord can only claim to restore any issues in the property to the position they would have been in had you met the terms of your tenancy agreement.

    The normal decline in the condition of the property and its contents (known as wear and tear) cannot be charged to the tenant and must be factored into the amount charged for repairs, redecoration or replacements.

     

• Deposit protection
  • Which deposits do not need to be protected?

    Your deposit does not need to be protected if:

    • It was paid before 1 April 2013.
    • It is a fee farm grant;
    • It is on a tenancy for a term certain exceeding 99 years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant;
    • A tenancy the purpose of which is to confer on the tenant the right to occupy a dwelling-house for a holiday;
    • It is a tenancy under which the estate of the landlord belongs to -

    (i) the Crown (whether in right of Her Majesty's Government in the United Kingdom or in Northern Ireland);
    (ii) a government department;
    (iii) the Executive;
    (iv) a registered housing association;
    (v) or is held in trust for Her Majesty for the purposes of a government department.

     

  • Where is my deposit?

    Your deposit can be held either by your agent/landlord or by TDS Northern Ireland:

    • Custodial protection: TDS Northern Ireland holds your deposit. 
      
    • Insured protection: Your agent/landlord holds your deposit.
      

    Please login to your TDS Northern Ireland account to find out where your deposit is held.

    Alternatively, refer to the Prescribed Information documents given to you by your agent/landlord at the start of the tenancy.

  • Which tenancy deposits must be protected?

    Any deposit on a private tenancy received on or after 1 April 2013 must be protected in a government approved scheme.

  • Who should protect my deposit?

    Your agent or landlord should protect your deposit. The legal responsibility is with the landlord, but if you are using an agent, the agent will normally do it on the landlord's behalf. 

  • How does TDS Northern Ireland protect my deposit?

    Insured protection: The agent or landlord holds the deposit and we have insurance covering it. If the agent or landlord fails to pay money that they owe, we can refund the tenant and claim it from our insurance. We pursue them separately to recover money that they owe. 

    Custodial protection: We hold the deposit in a designated account. We only release the funds when both parties agree or following a decision by a TDS Northern Ireland adjudicator. 

    Both forms of protection include free dispute resolution, whereby the tenant can refer a disagreement over the repayment of the deposit to us for impartial adjudication. Adjudication is mandatory when requested by the tenant. 

  • Is my deposit protected by TDS Northern Ireland?

    Visit the 'Is my deposit protected?' page and enter the Deposit Account Number (DAN) shown on your Deposit Protection Certificate. 

    You should have received documents about your deposit protection at the start of the tenancy, called Prescribed Information. If you do not have this paperwork you can search the database using details of the tenancy. 

    Is my deposit protected?

     

• Deposit disputes
  • How do I raise a dispute?

    The dispute process should be completed online. You can begin a dispute after the tenancy has lawfully ended.

    The way to start a dispute depends on whether the deposit is protected with the custodial or insured scheme. 

    Custodial Scheme

    As we hold the deposit on a custodial protection, a party can raise a repayment request advising us how they wish the deposit to be released.

    If one party responds disagreeing with the other party's repayment request, we will expect parties to negotiate and try to reach agreement. During this period, you can still update the repayment request which will allow us to release the agreed parts of the deposit before referring your case to dispute resolution.

    If you don't reach agreement within the 10 working days of negotiation, the parties will be invited to upload evidence online with an explanation of the case for an impartial adjudicator to examine. You have a further 10 working days to do this and once both parties have uploaded their evidence, the case will be reviewed before this is sent to an adjudicator will decide how the deposit is to be divided.

    Insured Scheme

    The deposit on an insured protection is held by the letting agent/landlord. To notify us of a potential dispute, log onto your account via our website, and go to the 'My Options' page. Select your deposit and click 'raise a dispute'. 

    Once you have entered details of how you think the deposit should be divided, we will notify the deposit holder and invite them to upload their evidence online within 10 working days.

    They will also have to transfer the disputed money to TDS Northern Ireland. Once both parties have uploaded their evidence the case will be reviewed before this is sent to an adjudicator will decide how the deposit is to be divided.

  • What evidence do I need to submit?

    The adjudicator works on the basis that the deposit is the tenant’s money and will only award money to landlords and agents if the evidence provided justifies that claim.

    Documentary evidence is usually essential to prove a case, such as:

    • Tenancy agreement – this sets out the obligations of both parties and is essential for any case.
    • Check-in report and/or inventory – to show the property’s condition at the start of the tenancy.
    • Check-out report – to show the condition of the property at the end of the tenancy – photographs or videos used in conjunction with an inventory to support the condition of items in the property.
    • Rent statement – to show what the tenant paid, for what periods of time and what is owed.
    • Estimates – to show the approximate cost of carrying out work/replacing things. The more detail, the better.
    • Quotes – to show the quoted cost of carrying out work or replacing things.
    • Invoices – to show the cost paid/to be paid for carrying out work/replacing things.
    • Receipts – to show the cost that the landlord or agent has paid out.

     

     

  • What is a tenancy deposit dispute?

    If there is disagreement at the end of the tenancy over how much of the deposit is returned to the tenant and how much the agent/landlord is entitled to keep, you can use the dispute resolution mechanism to resolve the tenancy deposit dispute. 

    It is free of charge and can be done online. Both parties present a case in writing supported by documentary evidence. An impartial adjudicator will examine the evidence and decide how the deposit is to be awarded. 

• Rules and regulations
  • Does TDS Northern Ireland enforce deposit protection law?

    No. We are a private company providing deposit protection and dispute resolution. Local councils enforce deposit protection law.

  • What are the laws governing tenancy deposit protection? Download

    Tenancy deposit protection is governed by the Tenancy Deposit Schemes Regulations (Northern Ireland) 2012. You can download a PDF of the regulations here.

  • Important changes from 1 April 2023

    Important changes from 1 April 2023: The law changes in Northern Ireland from 1 April 2023. On or after that date landlords must protect their deposit within 28 days of receipt [up from the previous 14 days] and supply the Prescribed written information with 35 days [previously 28 days] of receipt of the deposit. Failure to protect the deposit within the statutory timetable is a continuing offence.

    • It is now a requirement for a landlord to provide a written receipt for any payment made in cash in relation to a tenancy.
    • A landlord cannot ask for or retain a tenancy deposit that is more than or equivalent to one month’s rent.