TENANCY RENTAL DEPOSITS

Orchards are members of the Tenancy Deposit Scheme, which is administered by:

The Dispute Service Ltd
Unit 1, The Progression
Centre 42 Mark Rd,
Hemel Hempstead
HP2 7DW

Telephone Number: 0845 226 7787

Email: deposits@tenancydepositscheme.com

Fax: 01494 431 123

1 If the Agent is instructed by the Landlord to hold the deposit, the Agent shall do so under terms of the Tenancy Deposit Scheme.

2 The Agent holds tenancy deposits as Stakeholder.

3 At the end of the tenancy covered by the Tenancy Deposit Scheme

3.1 If there is no dispute the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant.

3.2 Following notification of a dispute to the Agent and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to 3.3 below) be submitted to the Independent Case Examiner of The Dispute Service (ICE) for adjudication. All parties agree to cooperate with any adjudication. * These timescales can be changed by agreement with the Tenant in individual cases or by the contract used as standard by the Agent.

3.3 When the amount in dispute is over £5,000 the Landlord and the Tenant will agree by signing the Tenancy Agreement to submit the dispute to formal arbitration through the engagement of an arbitrator appointed by the ICE although, with the written consent of both parties, the ICE may at his discretion accept the dispute for adjudication. The appointment of an arbitrator will incur an administration fee to be fixed by the Board of The Dispute Service Limited from time to time, shared equally between the tenant.The liability for any subsequent costs will be dependent upon the award made by the arbitrator.

3.4 The statutory rights of either the Landlord or Tenant(s) to take legal action against the other party remain unaffected.

3.5 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication.

If the parties do agree that the dispute should resolved by the ICE, they must accept the decision on the ICE as final and binding.

3.6 If there is a dispute we must remit to the The Dispute Service limited the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or we want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Limited will take appropriate action to recover the deposit and discipline us.

3.7 The Agent must cooperate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

3.8 INCORRECT INFORMATION

If the Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the Landlord agrees to reimburse and compensate the Agent for all losses suffered.