A HELPING HAND - 10 THINGS

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A HELPING HAND - 10 THINGS
A HELPING
ISSUE 9 | SPRING 2021
                                     HAND

                         10 THINGS                            MOULD
A HELPING HAND           You need to know about      A Growing Problem or Wear and Tear?
                        Tenancy Deposit Protection

      PAGE 6                   PAGE 8                           PAGE 11
A HELPING HAND - 10 THINGS
BOOK A DEMO
A HELPING HAND - 10 THINGS
REGULAR FEATURES

WELCOME TO                                                                 4          THE DELAYED READ
                                                                                      Four months in review

LETTERBOX

A Helping Hand
                                                                             6             THE LONG READ
                                                                                           A HELPING HAND

Time to recover and look forward with help from Tenancy Deposit
Scheme (TDS) and partners.                                                 8          10 THINGS
                                                                                      You need to know about Tenancy Deposit
                                                                                      Protection
As we spring forward in 2021, there’s certainly a sense of renewed

                                                                           10	T DS TRENDS
energy for building on the delays and challenges of last year. On
that theme, this issue of Letterbox highlights the many ways we are
playing our part in recovery of the PRS.                                              Interesting facts and figures

                                                                           11 THE SHORT READ
We know that rent arrears continue to cause problems for landlords
and letting agents, and we discuss ways to resolve that quickly and
                                                                                    	 Mould: A growing problem or wear and tear?
amicably.

We also look at seasonal disputes like mould and how to avoid
disagreements and damage that arise from it.                               12	A SK AN ADJUDICATOR
                                                                                      Our adjudicator answers your questions about
                                                                                      deposit disputes
In the Long Read, we look at the

                                                                           13 INTRODUCING...
emerging technology, tools and
educational resources that have
been designed to make life easier                                                      hris Hillier – Head of Innovation at the
                                                                                      C
for those working in our industry.                                                    Dispute Service

We hope you enjoy this spring
edition and find it useful. From all
of us at TDS, thank you for your
                                                                           14	BREAKING NEWS
                                                                                      TDS Resolution teams up with NRLA to tackle
                                                                                      a wider range of landlord and tenant disputes
continued efforts. We wish you the

                                                                           15	WHAT'S ON?
very best for 2021.

                                                                                      Events, workshops and other resources
                                       Steve Harriott,
                                       Group Chief Executive

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                                                 LETTERBOX | SPRING 2021
                                                           3
A HELPING HAND - 10 THINGS
The delayed read

                                                      TDS NEWS
    4 MONTHS IN REVIEW
API INTEGRATION                                   COMPLYLEX – THE                                THE TDS APP FOR
REDUCES WORKLOAD                                  ONLINE PROPERTY                                TENANTS
FOR LETTING AGENTS                                LAW TOOL                                       The recently launched TDS Tenant app is
We’ve always been committed to making             Complylex is an online compliance-based        helping tenants (and landlords by default)
life easier for letting agents and landlords      platform for landlords, estate and letting     to manage their deposits, giving them a
by utilising the latest technology. After         agents. The Dispute Service are now            platform to interact with TDS and make
listening to our customers’ needs, our            working in partnership with them to help       repayment requests when they move out.
in-house technology team developed the            property professionals navigate complex        Tenants can also activate and validate
TDS API to speed up the tenancy deposit           industry legislation.                          their deposit account at the start of the
protection process and save agents’ time.                                                        tenancy.
                                                  Property law can be confusing, even for
The API reduces workload for letting              property professionals, so the Complylex       The app clearly shows tenants in detail
agents by automatically transferring CRM          platform has been designed to provide          what possible deductions the landlord
data to their tenancy deposit protection          in-depth, easily accessible information on     has made from the deposit, meaning the
scheme. It essentially eliminates the             current legislation in a way that is easy to   tenant will be able to raise these issues
possibility of human errors whilst                understand. In addition, notifications can     with the landlord if needed. Consequently,
slashing time taken on admin, replacing a         be set up to ensure whenever a relevant        landlords are seeing an easier and more
previously mundane and manual task.               legislative or regulatory change is made,      streamlined end-of-tenancy process,
                                                  you will be updated instantly via email.       which leads to faster repayments and
Some of the most popular lettings CRM
                                                                                                 time savings for all.
providers have already integrated with            Think of it as the “highway code” for
TDS and we’re encouraging you to ask              property law. You may not use it every         It also makes it easy for tenants to find
your CRM software providers to do the             day, but if you are curious about what to      relevant advice and easy-to-understand
same. Integration is quick and simple and         do if a tenant passes away, for example,       guides on deposit disputes and their
comes with a host of benefits for your            information is at your fingertips.             legal rights and responsibilities, which
provider as well as you. Visit TDS API to         The information is concise and links           can help to reduce disputes and maintain
find out more.                                    are offered to direct you to further           compliance.
                                                  information if you need it. Find out more      The mobile app is free to download from
                                                  at: Complylex.                                 the App Store and Google Play.

                   Michael Hill,
                   Assistant Head of Innovation

                                                         LETTERBOX | SPRING
                                                                     WINTER 2021
                                                                            2020
                                                                   4
A HELPING HAND - 10 THINGS
LETTERBOX | SPRING
            WINTER2021
                   2020
          5
A HELPING HAND - 10 THINGS
The Long Read

A HELPING HAND
                                         POLLS, SURVEYS AND                      Over the past year, we’ve ramped
                                         CONVERSATIONS                           up our technological solutions
                                                                                 even further to help with lockdown
                                         We always start by listening to         challenges. Here are a couple
                                         landlords, letting agents, tenants      of our latest developments:
                                         and the PRS as a whole. Only by
                                         understanding the issues and            TDS API
                                         challenges you face, can we look
                                                                                 We listened to our customers and
                                         into the solutions. We don’t do that
                                                                                 analysed the time landlords and
                                         alone, either. We speak to other
                                                                                 agents spend inputting deposit
                                         leading organisations in the industry
                                                                                 data. As a result, we saw an
                                         and collaborate with partners to
                                                                                 opportunity to streamline what was
                                         create new tools, deliver educational
                                                                                 a time-consuming, manual process.
                                         events and produce helpful guides.
                                                                                 Consequently, our technology team
                                         We believe in asking for feedback       developed the first automated API
                                         and insight, rather than making         for transferring the deposit data
                                         assumptions on what the industry        in your CRM to TDS. Not only does
                                         needs. If you’ve ever seen one          it save time, it also eliminates
                                         of our polls or surveys, they are       duplication and human error. It’s a
It’s part of the culture at TDS to
                                         designed to do exactly that.            smart solution available to any CRM
continuously look for ways to give
                                                                                 system and will help to make the
extra help to our customers.
                                         From how you feel about the             tenancy deposit process even easier.
As the only not-for-profit tenancy       tenancy deposit process and
                                         deposit legislation to your             TDS Tenant App
deposit protection scheme, we
reinvest surplus profits into            experiences with pets in properties,
                                                                                 We recently launched a new app to
improving the service we give our        student renting, disputes and
                                                                                 help tenants manage their deposit
customers. Over the past year,           rent arrears, your responses help
                                                                                 directly from their smartphone.
our industry has needed more             us to provide extra support in
support than ever before and             the areas you need it most.             The mobile app, which is free to
we’ve never been more focused on                                                 download, allows tenants to view the
finding new ways to give a helping                                               deposit in their account, see dispute
hand where it’s really needed.           TECHNOLOGICAL                           deductions, make and respond to
                                                                                 repayment requests at the end of
If you’ve ever wondered where            TOOLS AND APPS
                                                                                 the tenancy and submit their bank
that reinvestment goes and                                                       details. If they are a joint tenant
                                         Technology plays a big part in
how we go about it, here’s a                                                     and move out while other tenants
                                         how we solve your problems.
peek behind the scenes into                                                      remain, they can also sort out their
                                         We’ve always been committed to
what we’ve been working on                                                       share of the deposit via the app once
                                         developing solutions that help you to
this year so far – and why.                                                      their landlord/agent releases it.
                                         navigate legislation and streamline
                                         the tenancy deposit process. Our
                                                                                 This brings benefits for landlords
                                         instant online Depositcap calculator
                                                                                 and letting agents, as well as
                                         and pre-populated prescribed
                                                                                 tenants, as this leads to faster
                                         information forms are good
                                                                                 repayments and time savings for all.
                                         examples of how we’ve previously
                                         created straightforward solutions
                                         to help make life that little bit
                 Steve Harriott,         easier for landlords and agents.
                 Group Chief Executive

                                              LETTERBOX | SPRING
                                                          WINTER 2021
                                                                 2020
                                                        6
A HELPING HAND - 10 THINGS
PARTNERS AND                            In the previous edition of Letterbox,    We have also added to our CPD
COLLABORATIONS                          you may remember reading                 workshops, in May 2021, with an
                                        about The Depositary, which was          accredited collection of courses
We’ve also been working closely         launched in partnership with             from TDS and Inventory Hive. These
with industry partners and              the Tenancy Deposit Scheme.              sessions will teach you all about
external software developers to                                                  tenancy deposits, adjudication
create tools with an even wider         The Depositary platform has              and inventories and come with
remit for helping the PRS.              been designed to ‘automate and           CPD points and accreditation.
                                        streamline the end of tenancy
For example, you may have also          process from the moment notice           Continuing the theme of property
seen (and hopefully used) the           has been served/received to the          legislation, we’re also working
Inventory Hive platform, which has      point of refund (and dispute if          alongside PainSmith Solicitors who
been designed to create a fair and      applicable)’, reducing hours in admin.   contributed to the content on the
efficient way of agreeing compliance,                                            Complylex app. PainSmith will be
condition and cleanliness. From         When the Depositary conducted            running seminars with TDS during
check-in inventories to check-out       a survey amongst letting agents,         2021 on the latest legislation
reports and COVID-19 safe virtual       they found that it takes around an       and regulation in the PRS.
visits in-between, the paperless        hour of work to submit a Dispute
workflows are covered without           File on average – and this doesn’t       You can register for any of the
the need for third-party electronic     include often complex disputes that      courses and webinars via the
signature software. We know that        needed to be collated and uploaded,      TDS website. Check out the
a high-quality inventory solution,      which can take up to a day. When         What’s On section at the back
fully shared with tenants Tenants       you factor in the 4-6 hours of admin     of Letterbox for dates.
have the opportunity to provide         already spent in progressing that
feedback and add comments on            tenancy from notice - you really
their reports as well as adding in      see where an agent's resources
supporting photos. This can then be     are being drained. The Depositary
audit trailed on the report. Engaging   tackles that head on and is already
with tenants in this way at the         proving to be an excellent tool for
start of the tenancy reduces the        property management efficiency.
chance of the dispute at the end.       We do recommend giving the
                                        demo a go to see how useful it is.
We’ve also been working with
Complylex who provide the highway
code for property legislation in a
handy app. This online, compliance-
                                        CPD WORKSHOPS AND
based platform has been designed        ONLINE WEBINARS
to provide concise, accessible
                                        2020 put face-to-face training
information on property law
                                        on hold, but that didn’t stop us
presented in a way that is easy to
                                        providing essential education to         COMMITTED TO
understand. The tool was created
                                        the PRS through online events. The       HELPING THE PRS
by a team of property professionals
                                        take-up proved to be so popular
who came together with a mission                                                 As we look forward, optimistically,
                                        that we launched the online
to demystify legislation and give                                                to a brighter year, our innovative
                                        TDS Academy, where property
their fellow professionals a simple                                              teams at TDS will continue to look
                                        professionals can access their
and affordable way to comply with                                                for ways to make your life easier
                                        favourite workshops digitally.
the legal requirements governing                                                 during 2021 and as ever, we welcome
their sectors in England and Wales.                                              your feedback and thoughts on
                                                                                 how we make that happen.

                                             LETTERBOX | SPRING
                                                         WINTER2021
                                                                2020
                                                       7
A HELPING HAND - 10 THINGS
10 Things...

      10              THING
           YOU NEED TO KNOW
                           S
           ABOUT TENANCY DEPOSIT
           PROTECTION
                 For property professionals, especially new ones, there’s a lot to know
                 and keep abreast of. To help, Debbie Davies, Head of Sales and
                 Client Success at TDS, answers the most frequently asked questions
                 about tenancy deposit protection and highlights the essential points
                 everyone must know about the tenancy deposit process.

Debbie Davies,
Head of Sales and Client Success
                                   LETTERBOX | SPRING 2021
                                             8
A HELPING HAND - 10 THINGS
1                                                                   6
    When should a tenancy deposit be protected?                             Keep an auditable record of communications
    Deposits on assured shorthold tenancies (ASTs) must                     during tenancy
    be protected with a government-approved scheme                          Communication often helps to avoid disputes.
    within 30 days of receiving the deposit. It’s important                 If tenants make you aware of issues with the
    to note that a holding deposit is not a tenancy deposit                 property during a tenancy (as they should), you
    for the purposes of section 212 of the Housing Act                      should respond and act as soon as possible –
    2004 and does not need to be protected.                                 and you should keep a record of that action too.

2
                                                                            Keeping tenant's contact details up to date is also
    What if the deposit is paid by someone else on                          important as this will make communication far
    the tenant’s behalf?                                                    easier helping you avoid unwanted disputes at the
    The person paying the deposit on the tenant’s behalf                    end of a tenancy.

                                                                    7
    will be considered a 'relevant person'. This is a person,
    company or organisation who, by arrangements                            Follow the correct end-of-tenancy process for
    made with the tenant, paid the deposit on behalf of                     the scheme
    the tenant, for example, a local authority, employer,                   In the TDS Insured scheme, we will send you an
    parent or guarantor.
                                                                            email reminder before the fixed term tenancy ends.
    In TDS Insured, this relationship does not need to                      When the tenancy ends without a dispute you
    be entered into the TDS tenancy database. In TDS                        must login to your TDS account and end protection
    Custodial, this relationship does need to be entered                    of the deposit.
    against the deposit protection.
                                                                            In TDS Custodial, you should speak to the tenant

3
                                                                            in the first instance about any deductions you
    Serve your Prescribed information on time (and                          are seeking from the deposit and then enter a
    not too early)                                                          repayment request through your online account.

                                                                   8
    The landlord or agent must issue prescribed
    information to the tenant (and any ‘relevant person’)                   Do you have a dispute?
    with the scheme leaflet within 30 days of receiving
                                                                            We can only deal with a dispute if both tenant
    the deposit.
                                                                            and landlord agree they want us to and have tried
    Since the time limit runs from when part or all of the                  to reach an agreement in the first instance. Most
    deposit is deemed to have been received, serving                        people prefer to come to us because they feel it
    prescribed information before this may not be                           will be quicker, cheaper and less stressful. Like
    sufficient. Good practice is to maintain a record to                    the courts, we are impartial, authoritative and
    show when the documents were served to comply                           our decision is binding. However, while we can
    with the legislation and that they were clearly                         deal with proposed deductions from a deposit,
    provided within the designated time.                                    we cannot consider counterclaims or matters

4
                                                                            unrelated to the deposit.
    Conduct thorough inventory reports for evidence

                                                                    9
    If there is a dispute at the end of tenancy, an                         Understand the deposit dispute procedure
    adjudicator will consider the evidence put forward by                   An adjudicator can only adjudicate based on the
    both parties regarding the changing condition of the                    information they are provided with by the parties.
    property. Without a comprehensive inventory check-in                    They will not contact the parties for follow-up
    and detailed check-out report, it can be extremely                      information or supporting evidence. When an
    difficult to demonstrate to an adjudicator what has                     adjudicator considers a case, they need to know
    changed between the start and end of the tenancy to                     what the claim is about and how much is being
    justify deductions from the deposit.                                    claimed for. They find this information in the
    These documents are also crucial in discussions                         Dispute Application and the Dispute Response that
    between the agent/landlord and tenant at the end of                     the landlord and tenant send to TDS. It is worth
    the tenancy. Good documentation is the best way to                      taking time to complete these properly so that the
    avoid a dispute.                                                        adjudicator is not in any doubt over what the claim

5
                                                                            is for.
    Comply with the Tenant Fees Act

                                                                10
    The Tenant Fees Act prohibits landlords and letting                     What evidence can you use in a dispute?
    agents from charging certain fees and excessive                         In the case of a dispute, you must collate all the
    deposits. It is therefore vital that you check your                     evidence you want the adjudicator to consider in
    deposit amount against the Deposit Cap legislation,                     support of your claim. Make sure you include the
    and also review permissible tenant fees in line with                    check-in inventory, schedule of condition report
    the latest TDS Tenant Fees Matrix. Rules do differ on                   and the check-out report. If you are claiming for
    fees throughout the UK so don’t assume the same                         rent arrears, send us a schedule of what’s been
    applies in England and Wales or you may get caught                      paid and what hasn’t – along with dates for when
    out. You can find out more about this on TDS’ suite                     the rent was due. Without these documents, you
    of online tools at depositcap.com, which includes a                     may not be able to show that any property damage
    deposit cap calculator.                                                 or rent arrears are the tenant’s responsibility.
                                                                            Details of previous communications, receipts for
                                                                            work carried out (or quotes for intended work) and
                                                                            dated photographs will all help the adjudicator to
                                                                            assess your claim.
    To learn more about the deposit protection process
    and how adjudicators approach deposit disputes,
    check out the popular TDS Academy Online courses.

                                                  LETTERBOX | SPRING 2021
                                                            9
A HELPING HAND - 10 THINGS
TDS Trends

TDS TRE
       NDS
To ensure the guidance we give you is     As mould can be a problem in the
always relevant, we carry out several     winter and spring months, we were
polls and surveys throughout the          keen to hear about your experiences
year to find out what you need – and      for this issue of Letterbox. Here
what matters to you most. From your       are the results from our recent
responses, we are then able to create     mould poll, which over 2,000 of you
webinars, guides, articles and tools to   responded to. Thank you for taking
help you avoid tenancy disputes and       the time to give us your feedback.
remain compliant.

  THE MA JORIT Y OF L ANDLORDS                             A QUARTER OF MOULD
  AGREE THAT MOULD COULD                                   CASES WERE CAUSED
  BE EITHER THE L ANDLORD’S                                BY POOR VENTIL ATION
  OR TENANT’S RESPONSIBILIT Y
  DEPENDING ON THE SITUATION
                                                           BATHROOMS AND
                                                           BEDROOMS WERE
  T WO THIRDS OF L ANDLORDS                                THE ROOMS MOST
  HAVE EXPERIENCED MOULD IN                                COMMONLY AFFECTED
  THEIR PROPERT Y DUE TO TENANT                            BY MOULD
  NEGLECT

  33% OF L ANDLORDS DEALT
  WITH MOULD IMMEDIATELY
  AFTER BEING REPORTED. 46%
  DEALT WITH IT WITHIN 7 DAYS

                                              39%
  DRYING CLOTHES                                           ONLY 39% OF
  INDOORS WAS                                              L ANDLORDS REFER
  RESPONSIBLE FOR 21%                                      SPECIFICALLY TO
  OF MOULD CASES                                           MOULD IN THE
                                                           TENANCY AGREEMENT

                                             69%
  SHOWERING WITHOUT                                        HOWEVER, 69% OF
  OPENING WINDOWS                                          L ANDLORDS DO GIVE
  WAS THE CAUSE OF 17%                                     TENANTS GUIDANCE
  OF MOULD CASES                                           ON DAMP AND
                                                           CONDENSATION

                                             12%
                                                           ONLY 12% OF
                                                           L ANDLORDS HAVE
                                                           RAISED A DEPOSIT
                                                           DEDUCTION CL AIM FOR
                                                           MOULD

                           LETTERBOX | SPRING
                                       WINTER 2021
                                              2020
                                    10
The short read

MOULD:
A GROWING PROBLEM OR WEAR AND TEAR?
IT’S THAT TIME OF YEAR                        The Tenant’s Response                    The Take-Away
WHEN WE START TO                              The tenants disputed the claim           A TDS adjudicator must take account
SEE THE EFFECTS OF                            entirely, arguing that the property      of an appropriate amount of fair
CLOSED WINDOWS AND                            had an issue with damp and               wear and tear, the length of the
POOR VENTILATION                              that they were therefore not             tenancy, the original condition of
                                              liable for redecoration costs.           the décor, the residual lifespan,
DURING WINTER. FROM                                                                    the number of occupants, the
STEAMING FOOD IN THE                                                                   location of the room and the
KITCHEN TO DRYING                                                                      extent of the damage identified.
                                              The Evidence                             Had mould been present at check-
LAUNDRY INDOORS,
                                                                                       out the adjudicator would have
DAMP AND MOULD CAN                            Check-in and check-out reports
                                                                                       expected to have been provided
EASILY SPRING UP                              were submitted by the landlord.
                                                                                       with a specialist damp report
DURING A TENANCY,                             The check-in report showed that the      to say that the cause of mould
                                              walls had not been newly decorated       present at check-out was a direct
WHICH CAN CAUSE                               at the start of the tenancy with         result of the tenants’ lifestyle.
ISSUES WITH DEPOSIT                           some defects noted at that time.
                                                                                       In this case the pre-tenancy condition
DISPUTES FURTHER                              The check-out report                     of the décor and the duration of the
DOWN THE LINE.                                recorded additional marks                tenancy was such that the landlord
                                              and painted-over defects.                would have been required to complete
                                              The parties accepted there was           redecoration due to normal use alone.
THIS CASE LOOKS                               an issue with mould during the           There was no evidence to show
AT WHAT HAPPENED                              tenancy. However, mould was              additional work, beyond that expected
                                              not present at check-out.                of the landlord, was required due
WHEN A LANDLORD
                                              The landlord did not provide a           to the tenants’ occupancy.
CLAIMED FOR A DEPOSIT                         specialist damp report to show that      The TDS Guide to Product Lifespans
DEDUCTION TO COVER                            the issue with moisture was caused       is a useful guide which outlines
REDECORATION DUE TO                           by the tenants’ lifestyle rather than    lifespan in tenanted properties.
                                              a defect within the property.
MOULD:

                                                                                       Top Tips
The Landlord’s Claim                          The Adjudicator’s Decision
                                                                                       • Be clear in the tenancy agreement
A dispute arose between the landlord          While the evidence showed                  about ventilation and heating so
and tenants due to the condition of           some deterioration to the décor,           that tenants are aware of their
the walls at the end of the tenancy.          the adjudicator did not find               responsibilities in the property.
                                              the claim to be justified.
The landlord claimed £616 towards                                                      • Make sure the check-in and
redecoration of the property stating          The décor was not recorded as              check-out reports record the
there was an issue with mould                 newly/freshly painted for the start        condition of property with notes
and poorly decorated walls.                   of the tenancy, which had lasted           on whether there is or isn’t mould.
                                              almost five years, and recorded that       Dated photographs can help.
                                              some defects were pre-existing.
                                                                                       • Educate tenants to the benefits of
                                              The adjudicator concluded that the         opening windows when showering,
                                              décor was at the end of its natural        cooking and drying laundry.
                                              lifespan, and the landlord would have
                                                                                       • If a tenant plans to leave the
                                              needed to complete redecoration to
                                                                                         property for a length of time
                                              the property, due to fair wear and
                                                                                         during the colder months, take
                                              tear, as part of landlord maintenance.
                                                                                         measures to ensure the property’s
                                              No award was made to the landlord.
                                                                                         temperature doesn’t drop too low.

                 Sanam Khan,
                 Dispute Resolution Manager

                                                   LETTERBOX | SPRING
                                                               WINTER2021
                                                                      2020
                                                            11
Ask an

Adjudicator
My walls have been
                                                  Tenants have damaged my                The sofa in my property is
damaged, but my tenants do
                                                  curtains; how can I support            stained. Can I claim for a
not agree it was them. What
                                                  this claim?                            replacement?
can I do?

It is essential that tenants are                  A landlord should ensure that a        Landlords need to show that
aware of the obligations placed on                property is ready, and its contents    cleaning (usually the less costly
them by the tenancy agreement.                    are fit for purpose at the start of    remedy) has been attempted
In some cases, the tenant may                     the tenancy. When conducting           and was unsuccessful before
not be permitted to make any                      inventory reports, it is important     an adjudicator can consider an
alterations to the property without               to clearly describe the condition      award for either replacement or
first obtaining the permission of                 and cleanliness of the property,       a compensatory award for loss
the landlord (for example installing              avoiding wording such as ‘sparkly      of value either aesthetically or
wall brackets). If a tenant does                  clean’. Using dated photographs        a shortened lifespan. A third-
obtain permission to alter the                    to accompany inventory reports         party professional cleaning
property in any way to include                    can enhance a claim as this is         contractor's report confirming
adding fixings to parts of the                    more evidence an adjudicator           that, in their professional opinion,
property, the tenant should be                    can use. Accurate evidence to          they do not consider cleaning
able to provide written evidence                  support the amount claimed is          would remove any stain would
of this permission in support of                  also recommended. Always submit        be required in support of any
their statement. When claiming                    illustrated costings in the form       landlord’s statement. Both show
for redecoration, a landlord should               of detailed estimates, invoices or     that the landlord has considered
consider the residual lifespan                    receipts to enable the adjudicator     the most economical solution
of décor in the property. Décor                   to see an accurate breakdown of        (which is their duty) before
requires regular updating as part                 the costs being charged. When          claiming more; an adjudicator
of the general maintenance of a                   claiming for damage to curtains        can consider a claim for a failed
property and should be completed                  make sure that you are claiming        attempt at cleaning supported
at the cost of the landlord every                 the most appropriate remedy.           by an invoice, as well as either
three to five years depending on                  Show that attempts have first          a contribution towards the cost
the location of the area within the               been made to clean or repair the       of replacing the damaged item,
property. Without evidence to show                curtains, providing evidence and if    if justified, or a compensatory
that the décor required renewal                   known, prove the age, quality and      award. In regard to the tenants
sooner than it would have done                    original cost of the curtains. This    obligations, they should make an
had the damage not occurred, a                    may be able to help prove whether      amendment to a check-in report to
claim against the tenant’s deposit is             the damage caused by tenants           record any discrepancies, such as
unlikely to be successful.                        falls under ‘fair wear and tear’ and   stains to furnishings or any other
                                                  will help determine the level of       damage that is present at the
                                                  compensation to be awarded.            start of the tenancy; ensure that
                                                                                         they have a record of returning
                                                                                         any amendments to the agent/
                                                                                         landlord and report any issues that
                                                                                         arise during the tenancy.
              Sandy Bastin,
              Head of TDS Adjudication Services

                                                    LETTERBOX | SPRING
                                                                WINTER 2021
                                                                       2020
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Introducing...

INTRODUCING...
CHRIS HILLIER – HEAD OF INNOVATION AT THE DISPUTE SERVICE

                                         After recently joining The Dispute Service
                                         in a brand-new role as Head of Innovation,
                                         Letterbox finds out more about how Chris
                                         Hillier is helping our organisation to raise
                                         standards in the PRS.

Can you tell us a bit about your background?                       What is your favourite thing about
                                                                   working for TDS so far?
 I started my career in healthcare as a nurse before
 moving onto completing a degree and PhD in                          It’s a really enjoyable challenge. I’m fascinated by the
 Scientific Research. For the next 15-20 years I                     culture element of TDS and the way the business
 became an academic and worked as a Professor in                     model interacts with society through agents and
 various institutions. My innovation career began in                 landlords. It certainly fuels ideas.
 the Caribbean across Barbados, Trinidad and Jamaica
 before heading to the US where I worked in many
 innovation roles across numerous organisations.
                                                                   Outside of TDS, what is something not
                                                                   everyone would know about you?
Tell us a little bit about your job at TDS                           I am a comic book fanatic! I love science-fiction
                                                                     comics – my favourite being ‘Sandman’.
 In a nutshell, my role here is to provide TDS with
 future potential business opportunities that will take
 us to a new level in tenancy deposits. For example,               Who inspires you?
 I look at how partnerships with other likeminded
                                                                     Stan Lee. As I said before, I love comic books. I also
 organisations in the property sector can help us to
                                                                     believe his period was one of the most creative times
 deliver more to landlords, agents and tenants.
                                                                     ever. Some of the characters he created years ago are
 I am currently setting-up an Innovation Hub at TDS,                 still around today, which tells you just how good the
 which looks at how we utilise and build on the current              ideas were.
 skillsets of our staff to improve employee innovation.
                                                                     Along with David Bowie. He’s probably one of the
                                                                     most innovative people of my lifetime. He was
What advice would you give to others in the                          constantly reinventing himself. Just a genius.
industry looking to be more innovative?
 Expect to fail! If you find yourself sitting too
                                                                   What’s the first thing you want to
 comfortably in your job, it probably means you’re not             do when lockdown is over?
 being innovative enough. I would advise them to take
                                                                     Go to Las Vegas! Having been before I certainly
 risks, when possible and to collaborate with other
                                                                     enjoyed it, especially the food. However, Las Vegas
 innovators and businesses to share ideas and
                                                                     is a place you can’t stay for too long!
 accelerate learning.

                                                 LETTERBOX | SPRING
                                                             WINTER2021
                                                                    2020
                                                          13
Breaking News

TDS RESOLUTION TEAMS UP WITH NRLA
TO TACKLE A WIDER RANGE OF LANDLORD
AND TENANT DISPUTES
The Dispute Service staff carry out          However, with landlords and tenants          • Property standards
over 20,000 tenancy deposit dispute          alike experiencing financial hardship        • Repairs
resolutions each year and increasingly       as a result of the COVID-19 pandemic,
                                                                                          • Entry rights
these are being resolved without the         we have taken the decision to offer the
need for formal adjudication. in fact, in    service free of charge. In addition to the   • Rent arrears
some months, we are able to resolve up       service becoming free, we have teamed up     • Threatened evictions
to 40% of cases by talking to landlords      with the National Residential Landlords      • Breach of tenancy terms
and tenants and finding common ground        Association (NRLA) to expand our offering
                                                                                          • Noise/Anti-social behaviour (except
between them.                                to deal with more than just rent arrears
                                                                                            serious anti-social activity)
TDS Resolution was originally launched       issues.
in July 2020 to help facilitate agreements   From the 1st April 2021, TDS Resolution
between landlords and tenants for            will accept referrals from both landlords    The find out more, visit https://www.
suitable rent arrears repayment plans.       and tenants and will now be accepting        thedisputeservice.com/tdsresolution and
                                             referrals for additional tenancy dispute     fill out the interactive form. Alternatively,
The service has proved to be a popular
                                             issues, including:                           you can contact the NRLA advice line on
alternative to formal legal action.
                                                                                          0300 131 6400 for more information.

                   Alison MacDougall,
                   Director of Resolution

                                                  LETTERBOX
                                                   LETTERBOX | | SPRING
                                                                  WINTER2021
                                                                         2020
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                                                             14
WHAT’S ON                                                        ?     LEARNING AT A GLANCE
                                                       TDS ACADEMY ONLINE
 TDS ACADEMY & WEBINARS                                In-depth training covering everything you need to know about tenancy
                                                       deposit protection, dispute resolution and adjudication, ensuring you are
 Adjudication Workshop Online Course                   well-prepared with the knowledge you need to comply with the current
 Session 1:             Session 2:                     legislation.
 Thu, 20 May 2021       Fri, 21 May 2021
 10:30 – 12:00          10:30 – 12:00                  FOUNDATION COURSE
   BOOK NOW               BOOK NOW                     New bite-sized versions of our popular TDS Academy cover best practice
                                                       for tenancy deposits, including how to comply with the latest legislation
                                                       including the tenant fees ban. Learn top tips for tenancy agreements
                                                       and check-in and check-out reports.
 Fixflo webinar with TDS and The Depositary
 Why are Tenancy Deposit Disputes Still Happening?
 Thu, 27 May 2021                                      TDS ADJUDICATION WORKSHOP
                                                       Run over two live sessions, each lasting 90 minutes, our adjudication
 11:00 – 12:00                                         trainers will teach you how to 'think like an adjudicator'. The online
   BOOK NOW                                            course will show you how to claim deposit deductions with advice on
                                                       negotiating with tenants. You’ll also examine the key issues that an
                                                       adjudicator looks for in a dispute.
 TDS and Painsmith Webinar
 Latest updates in Landlord and Tenant law including   LEVEL 3 PROPERT YMARK AWARD IN
 Breathing Space Moratorium, Right to Rent update      RESIDENTIAL TENANCY DEPOSITS
 Tue, 01 June 2021                                     Developed in partnership with Propertymark to give you and your team
                                                       a recognised tenancy deposit protection (TDP) qualification and a way to
 10:30 – 11:30                                         stand out in a competitive market.
   BOOK NOW
                                                       DISPUTES & DAMAGES THE TDS WAY
                                                       TDS delivers the Disputes & Damages course in association with
 Online Foundation Course                              Propertymark and provides property professionals with vital knowledge
                                                       on tenancy deposit protection legislation. Learn the essentials of the
 Session 1:             Session 2:
                                                       deposit protection process and how to remain compliant throughout.
 Thu, 17 June 2021      Fri, 18 June
 10:30 – 12:00          10:30 – 12:00
                                                       NEW FOR 2021
   BOOK NOW               BOOK NOW
                                                       ACCREDITED INVENTORY COURSES
                                                       TDS and Inventory Hive have introduced two new industry training
 Adjudication Workshop Online Course                   courses in 2021.
 Session 1:             Session 2:                     Led by Michael Hill of TDS and Richard Abbotts of Inventory Hive, the
 Thu, 24 June 2021      Fri, 25 June 2021              courses guide property professionals through each stage of a tenancy.
                                                       From check-ins and inventory reporting to mid-tenancy inspections, and
 10:30 – 12:00          10:30 – 12:00
                                                       check-out reports, discover best-practice processes that will help you to
   BOOK NOW               BOOK NOW                     prepare for and avoid tenancy disputes.

                                                       TDS WEBINARS
 PROPERT YMARK REGIONAL MEETING                        TDS delivers regular live, interactive webinars on the industry’s most
 East Of England                                       pressing topics linked to tenancy deposits. We also regularly feature
 Thu, 08 July 2021                                     guest speakers from partner organisations. Webinar recordings are
                                                       available on the TDS website if you miss an event.
   BOOK NOW

                                                       TDS GUIDES AND PUBLICATIONS
                                                       We produce a wealth of free information on our website covering topics
 DISPUTES AND DAMAGES                                  such as TDP legislation, adjudications and TDS top tips.
 THE TDS WAY

 Thu, 15 July 2021
 09:30 - 15:30                                         TDS CHARITABLE FOUNDATION
                                                       Projects funded by our TDS Charitable Foundation include guides,
                                                       training resources and reports, all designed to raise standards in the
                                                       PRS.
                                                      www.tdsfoundation.org.uk
                                                LETTERBOX  | WINTER 2020
                                                          15
deposits@tenancydepositscheme.com
0300 037 1000
www.tenancydepositscheme.com
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