There are many different scenarios, all covered by the Deposit Protection Service (the DPS) Terms and Conditions but in the most common scenarios, here are the timescales:
- When the DPS is notified of a dispute, they will contact both the Landlord and the Tenant, inviting both parties to submit their evidence in relation to the dispute. The Landlord and Tenant must ensure that the DPS are in receipt of their evidence within 14 calendar days of the DPS invitation being issued.
- If, within 14 calendar days of the invitation being issued by the DPS, the Landlord or Tenant fails to submit any evidence, the DPS will release the disputed amount to the other party within 10 calendar days of the deadline for the parties’ response.
- The adjudicator will make a decision within 28 calendar days of receiving the dispute papers from the DPS.
- The Landlord or Tenant may follow the Statutory Declaration Process if the other party fails to respond to a written notice from the claiming party claiming some or all of the deposit within 14 calendar days of the date of the notice (of a dispute).
In our experience, there is often a delay in the DPS submitting the dispute papers (evidence) to the adjudicator and adjudication decisions are often delayed beyond the 28 days.
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