Deposits and Tenancy Deposit Schemes
Related Article
Six Months Rent in Advance and Tenancy Deposits
If a landlord takes six months' rent in advance on a monthly tenancy, the landlord could be regarded as having taken five months' worth of deposit which requires protection.
Failure to Comply with Deposit Initial Requirements
The landlord or agent had not included TDS G Clauses within their tenancy agreement as required by the scheme's initial requirements. The tenant argued the "initial requirements" of the scheme had not been complied with and was entitled to 3 x deposit as a penalty
The Housing (Tenancy Deposits) Prescribed Information Order 2007
Section 213(5) Housing Act 2004 requires a landlord to give the tenant information as may be prescribed relating to a tenancy deposit that has been paid.
Sale and Rent Back - Deposit?
A deposit involves money being paid from a tenant to a landlord and the expectation of the subsequent repayment of some or all of it to the tenant. Accordingly, the 30% was not a deposit but a deferred purchase price payment.
Rent in Advance Can be a Deposit
The court found that the sum of £420 was not paid as rent in advance but was intended to afford Mr Piggott security should Ms Slaven breach any future obligations to pay rent under the tenancy agreement.
How to Protect a Tenancy Deposit With DPS
Below is a summary of how to protect a deposit using the popular Deposit Protection Service (DPS) custodial scheme.
Special Procedure to Be Used for Deposit Penalty Claim
Should a landlord get a claim by a tenant for a failure to protect a deposit or give prescribed information, the tenant must follow a particular procedure. A simple small claim form (N1) may not be sufficient. Fox v Hill, Preston County Court, 21 January 2010, 9PR01873
Transferring a Tenant's Deposit Between Protection Schemes
Learn about moving a deposit during a tenancy, the differences between custodial and insurance-based schemes, and re-protecting a deposit for landlords.
Related Forms
Deposit Prescribed Information
When a landlord receives a deposit in connection with an assured shorthold tenancy or occupation contract, prescribed information must be given within 30 days.
Notice to Tenant Before DPS Single Claim Made
if a landlord intends to use the single claim procedure of the Deposit Protection Service (custodial scheme) and the landlord has an address for the tenant (which should be on the prescribed information), notice must first be served on the tenant
Agreement to Return Deposit with Deductions
where a deposit hasn’t been protected within 30 days, to serve a section 21 notice then, the deposit must be returned in full or with agreed deductions.
Return Deposit With Deductions
This letter template is for returning the deposit and it includes a table to set out each deduction and reasons.
Return Deposit in Full Without Deductions
This letter template is for when a landlord is returning a deposit to a tenant in full without any deductions.
Related Services
Forms and Templates
Guild subscribers can download from our selection of around 150 forms an unlimited number of times. The popular forms are regularly updated as and when necessary.
Deposit Protection Service (DPS) Discounted Rates for Insured Deposit Scheme
Subscribers to the Guild of Residential Landlords can obtain a discount code for the Deposit Protection Service (DPS) insured scheme.