Tenancy Deposit Protection
Tenants are able to benefit from enhanced security and peace of mind following the introduction of the Tenancy Deposit Protection scheme (TDP), which will offer a faster, cheaper and fairer way of settling any disputes over the return of deposits in the private rental sector.
Since 6 April 2007, landlords entering into new tenancy agreements are required to place any deposit with a Government authorised scheme, which will safeguard the money and offer independent adjudication in the event of any dispute. Tenants who have kept their rented property in good condition can be confident that they will not have all or part of their deposit withheld on spurious grounds, a common complaint currently made by tenants.
The existence of the alternative dispute resolution service (ADR) will also encourage tenants and landlords to have in place, from the outset, clear agreement on the condition of the property through use of inventories, and agreement on the condition of the property – thus ensuring that landlords are also protected.
TDP will apply to all assured shorthold tenancies (ASTs) in England and Wales, where a deposit is taken. Virtually all new contracts to let a property are ASTs. A contract that is an AST will be clearly marked as one. The TDP will add to the measures set out in the Housing Act 2004 to drive up standards in the private rented sector, including licensing multiple occupancy homes and new safety rules.
For further information visit www.direct.gov.uk/tenancydeposit
Useful leaflets on the Tenancy Deposit Scheme
You can download a useful leaflet on the tenancy deposit scheme by clicking either landlord or tenant. Both of these leaflets will give you important information on the scheme and what it will mean for you as a tenant or as a landlord.
You can also find further advice on the tenant deposit scheme and a special Q & A section by clicking here
Information on the handling of Deposits by Agents
The Dispute Service are aware that some member firms are registering deposits on behalf of other, non-member, companies. Member firms should be aware that by doing so they are accepting full responsibility for the deposit and subsequent compliance with TDS's rules and the requirements of the tenancy deposit legislation. TDS would like to warn members that failure to pay over to them any amount in dispute will result in legal action to recover outstanding sums and prejudice their TDS membership.



