#AskTDS: “What should I do if there is a dispute with my tenant?"

The majority of tenancies end amicably and without incident, but disputes can and do occur. Whether it’s over the cleanliness of the property, damages, or even the responsibilities held by each party towards the upkeep of garden areas, it’s inevitable that landlords and tenants will not always entirely agree at the end of a tenancy. 

Fail to prepare, prepare to fail

The first point of reference in any dispute will always be the tenancy agreement. A well prepared, thorough tenancy agreement signed before a tenant moves in can make any dispute at the end of a tenancy much easier to deal with. Put simply, if it has been clearly set out in the tenancy agreement, then a dispute can be sorted out with relative ease.

Similarly, an inventory report is an important tool in dealing with disagreements quickly and transparently. A good inventory report, complete with clear pictures, should act as evidence as to what is in the property when a tenant moves in and the condition and cleanliness of it too. This can be crucial in deciding any disagreements at the end of a tenancy and avoid the need to use the TDS NI dispute resolution mechanism. TDSNI has recently published inventory guidance which gives landlords and letting agents advice on how to carry out the kind of inventory report adjudicators need to be able to assess the claim properly.

The TDSNI Adjudication Process

Of course, not all tenancies will end smoothly. Where disagreements over who receives what portion of the deposit can’t be sorted out between the parties, TDS offers a free dispute resolution service. TDS will initially try to help the parties reach a mutually acceptable agreement. If this is not successful, an independent adjudicator will look at all the evidence – tenancy agreement, inventory report, other relevant documentation about the property including receipts for any cleaning or damage repairs – and make a decision based on that.

A decision will usually be made within 20 working days after the evidence has been submitted as to how the deposit should be divided (or if 100% should go to one party).

It can be stressful being involved in a disagreement of any kind, including one about the deposit. But, as with most things, preparation and a detailed demonstration of evidence will make your life much easier.