Deposit protection
Any tenancy deposit taken in relation to Assured Shorthold Tenancies created after April 6 2007 must be protected with a government authorised deposit protection scheme. The schemes protect the deposit and offer a means to resolve disputes between accommodation providers and tenants in the event of any dispute.
If you charge a holding deposit, then this does not have to be protected. However once a tenancy is agreed, if you convert the holding deposit into tenancy deposit, it must then be protected. The holding deposit would not need to be protected if you plan to deduct the amount from the first rent installment.
The following are government authorised deposit protection schemes:
Deposit Protection Service (DPS)
Tenancy Deposit Scheme (TDS)
My Deposits
As an accommodation provider, you have a legal obligation protect the tenancy deposit with one of the above schemes within 30 days of the deposit being paid to you. You must then supply the tenant with the following information:
- Amount of deposit.
- Address deposit relates to.
- Accommodation provider contact details.
- Scheme name and contact details.
- Leaflet on how the scheme works.
- Repayment procedure.
- Dispute procedure.
- What happens if either party cannot be contacted.
- Details of when all/part of the deposit can be retained.
If you fail to protect the deposit and provide the above detail within 30 days, the tenant may apply to the county court for the deposit to be protected or returned to them. The court also has discretion to award a tenant compensation of up to 3 times the amount of the deposit.