Tenancy Deposit Protection
From 6th April 2007, when you pay a deposit, your landlord or agent must protect it using a government authorised tenancy deposit scheme.
The Government wants to make sure your tenency deposit is protected so that:
- you get all or part of your deposit back, when you are entitled to it
- any disputes between you and your landlord or agent will be easier to resolve
Moving in
At the beginning of a new tenancy agreement, pay your deposit to your landlord as usual. Within 14 days, the landlord is required to give you details abut how your deposit is protected including;
- the contact details of the tenancy deposit scehme
- the contact details of the landlord or agent
- how to apply for the release of the deposit
- information explaining the purpose of the deposit
- what to do if there is a dispute about the deposit
If you don't get this information, ask your landlord the simple question - 'how is my deposit protected?'
Safeguarding your deposit
You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and teat.
So it is a good idea to make sure that when you sign your tenancy agreement, you:
- keep a detailed list of contents (furniture and fittings)
- Record the condition of the property and its contents (photographs are a good idea)
- Check the circumstances in which your landlord could have a claim on your deposit
What if my landlord hasn't protected my deposit?
You can apply to your local county court. The court can order the landlord to either repay the deposit to you or protect it in a scheme. If your landlord has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.
Moving out
At the end of the tenancy, check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear - and check that you have paid your rent and any other expenses. Then agree with your landlord how much of the deposit should be returned to you. Within 10 days, you should have received the agreed amount of the deposit.
Resolving disputes
When you move out, if you and your landlord or agent can't agree how much of your deposit should be returned, there will be a free service offered by the scheme protecting your deposit to help resolve your dispute. Check the information your landlord gave you at the beginning of your tenancy for details.
Your landlord cannot give notice that he/she is repossessing the property at the end of the tenancy until he/she has protected the deosti and told you how it is protected.
