If so, the TDS (mydeposit.co.uk) has recently clarified its position and we would add that the DPS also require the following:-
If the final tenant eviction court order contains a judgment and clearly sets out what the judgment is for i.e. rent arrears of damages to property and also directs the TDS to make payment from the deposit they will release the deposit as long as no schedule of repayment has been agreed with the tenant.
They have also indicated that should the eviction court order not contain a specific direction for the TDS to release the deposit they will still consider releasing the deposit if the Court order is a final order, and no schedule of repayment has been agreed and the tenancy agreement permits the deposit to be used for the purposes of the judgment in a court order.
However should there be any dispute in respect of the tenancy deposit then they will not release the deposit until the matter has been resolved by either them or the Courts.
Should you have obtained a final tenant eviction court order without a direction that the deposit be released by the TDS and your tenancy agreement does not contain the clause mentioned above then you must either further apply to the Court for a direction that the deposit be released by the TDS or enforce the judgment you have obtained by way of a third party debt order.
As part of the service we offer to Solicitors4Landlords Ltd we always request at the final possession hearing that the tenancy deposit be released to the Landlord. Should you have any further questions or problems in respect of tenant eviction please call us on 01455 553945 or 07746 438 474