Is TDS government-run?

No. TDS is operated by The Dispute Service Ltd, a not-for-profit company. However, TDS is authorised by the government under Housing Act 2004 s.212. The government sets the rules for authorised schemes — TDS must comply with the statutory requirements to maintain its authorisation.

My deposit is with TDS Insured but my landlord is refusing to pay. What do I do?

Contact TDS directly and raise a formal dispute. Under the insured scheme, TDS will request payment from the landlord. If the landlord defaults, TDS can pay out under the insurance policy and pursue the landlord separately. You should also check whether TDS adjudication is available and submit your evidence for an adjudicated decision.

Can I use TDS adjudication even if the landlord has already started county court proceedings?

Generally no — once court proceedings are issued, the dispute should be resolved through the court. However, if the court proceedings have not yet been served, TDS adjudication may still be available. Check with TDS and consider obtaining legal advice on the most efficient route given the amounts involved.

TDS (Tenancy Deposit Scheme)

By GetRighted Legal Research TeamLast updated July 2026

Summary

Originally established for the lettings industry by the Association of Residential Letting Agents (ARLA) and the National Landlords Association (NLA), the Tenancy Deposit Scheme is now operated by The Dispute Service Ltd. Unlike the DPS, TDS operates both a custodial scheme (TDS Custodial, free) and an insured scheme (TDS Insured, paid membership). TDS Insured is heavily used by letting agents who hold deposits on behalf of landlords. The TDS adjudication service is widely cited in case law and produces published decisions that set informal guidance on common dispute types — from cleaning charges to professional redecoration claims.

TDS Custodial vs TDS Insured

TDS Custodial works like the DPS: the deposit is transferred to TDS and held in a ring-fenced account. TDS Insured works differently: the landlord or agent holds the deposit money and pays a membership fee to TDS for insurance cover. Under the insured model, the deposit is still 'protected' for Housing Act 2004 purposes — but the money is in the landlord's account, not the scheme's. If the landlord defaults, TDS pays out under the insurance policy and then pursues the landlord. The custodial route is generally safer for tenants.

TDS adjudication — how it works

When a dispute arises at end of tenancy, either party can refer it to TDS adjudication. The adjudicator reviews evidence submitted online — check-in and check-out reports, invoices, photographs, correspondence — and issues a written decision allocating the deposit. The process typically takes 28 days. TDS publishes anonymised adjudication decisions and thematic guidance notes, which are useful preparation for submitting evidence. Common findings include that professional clean invoices must be matched against the check-in condition, and that betterment arguments apply to redecoration claims.

Checking your TDS protection

Search for your deposit at tdscustodial.co.uk or tenancydepositscheme.com using your certificate number or tenancy details. TDS sends a deposit protection certificate by email when the deposit is registered. If you cannot locate a certificate and it is more than 30 days since you paid the deposit, there may be a non-protection breach under s.213 of the Housing Act 2004.

Preparing your TDS dispute evidence pack

✓Gather both the check-in report and the check-out report — ideally signed by both parties.
✓Photograph every alleged area of damage with timestamps from the end-of-tenancy date.
✓Obtain independent quotes for any repair work, not just the landlord's chosen contractor invoice.
✓Draft a written response addressing each deduction line-by-line with supporting evidence.
✓Submit everything online through the TDS portal before the 3-month statutory deadline for adjudication referral.

The 3-month adjudication deadline

Under the TDS scheme rules, a dispute must be referred to adjudication within 3 months of the end of the tenancy (or within 3 months of the date the tenant receives a repayment proposal). Failure to refer within this window means the tenant may lose the right to adjudication through TDS. This does not bar a county court claim, but adjudication is faster and cheaper. Check the scheme rules for the exact deadline applicable to your protection certificate date.

Sources

Housing Act 2004, s.212–s.215
Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797)

Frequently Asked Questions

Is TDS government-run?: No. TDS is operated by The Dispute Service Ltd, a not-for-profit company. However, TDS is authorised by the government under Housing Act 2004 s.212. The government sets the rules for authorised schemes — TDS must comply with the statutory requirements to maintain its authorisation.
My deposit is with TDS Insured but my landlord is refusing to pay. What do I do?: Contact TDS directly and raise a formal dispute. Under the insured scheme, TDS will request payment from the landlord. If the landlord defaults, TDS can pay out under the insurance policy and pursue the landlord separately. You should also check whether TDS adjudication is available and submit your evidence for an adjudicated decision.
Can I use TDS adjudication even if the landlord has already started county court proceedings?: Generally no — once court proceedings are issued, the dispute should be resolved through the court. However, if the court proceedings have not yet been served, TDS adjudication may still be available. Check with TDS and consider obtaining legal advice on the most efficient route given the amounts involved.

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