When a property is rented by a private landlord with an assured shorthold tenancy, it is common place for the tenant to give the landlord a deposit
A deposit is typically the equivalent of up to a months’ rent, but could possibly be more.
The paying of a deposit is designed to act as a guarantee in the event that; items belonging to the property go missing, the property is damaged during the tenancy or any other breaches of the tenancy agreement occur.
If the landlord uses a letting agent, you may be asked to pay your tenancy deposit directly to them.
How does a deposit protection scheme work?
Prior to 2007, a landlord was entitled to keep a tenants deposit at the end of their tenancy if there had been a dispute.
In a bid to better regulate the system the Government introduced Tenancy Deposit Protection, which meant that landlords were now required to protect their tenant’s deposit using an approved deposit protection scheme .
These schemes were introduced by the government in an effort to reduce the amount of disputes occurring between landlords and tenants regarding the return of rental deposits.
Landlords must place the deposit they receive from a tenant in a tenancy deposit protection (TDP) scheme within 30 days of receiving the money.
The law states that a tenant should have their deposit returned to them as long as they comply with all of the following:
Which are the approved tenancy deposit protection schemes?
If the rental property is in England or Wales, any of the following three schemes can be used by landlords:
Deposit Protection Service
The Deposit Protection Service operate a free custodial scheme and a ‘paid for’ Insured scheme.
They have over ten years' of experience in this field and will keep deposit monies safe on behalf of letting agents, landlords and tenants.
They are authorised by the Ministry of Housing, Communities and Local Government to provide tenancy deposit protection in England and Wales.
MyDeposits is part of a network of organisations that provide services for tenants, letting agents and landlords.
They began offering a “simple deposit protection solution for landlords, letting agents and tenants” in 2007 when the tenancy deposit protection legislation first came into force.
Tenancy Deposit Scheme
The Tenancy Deposit Scheme (TDS) is a government approved tenancy deposit protection scheme operated by The Dispute Service Ltd.
They provide an insurance backed tenancy deposit protection that offer a free, impartial dispute resolution service should any disagreements arise at the end of a tenancy.
What happens at the end of the tenancy?
Once the landlord and tenant have agreed how much of the deposit will be returned, the scheme must return the deposit to the tenant within 10 days.
If there is a dispute between landlord and tenant regarding how much of the deposit should be returned, the deposit will remain in the scheme until the issue has been settled.
Tenancy deposit scheme disputes
If you believe that your landlord failed to store your tenancy deposit according to the law in one of the approved government schemes mentioned above, you could be entitled to make a tenancy deposit claim.
If you think you may have a tenancy deposit scheme dispute with your landlord, we will be happy to investigate the situation free of charge and potentially represent you in a claim for compensation on a no win, now fee basis. Simply provide us with a few details about your tenancy to start your claim.