Greene & Co

Keeping your deposit safe

Are you starting a new tenancy with a private landlord or agent on or after the 6th April
2007?
From 6th April 2007, when you pay a deposit, your landlord or agent must protect it using a government authorised tenancy deposit scheme.

Make sure you ask your landlord about it.
The Government wants to make sure your tenancy 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 or agent as usual. Within 14 days, the landlord or agent is required to give you details about how your deposit is protected including:
• The contact details of the tenancy deposit scheme
• 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 or agent 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 tear.

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 or agent could have a claim on your deposit

How does it work?
Here’s our simple step-by-step guide…

Who are the organisations running the schemes?
The three Tenancy Deposit Schemes are:

Tenancy Deposit Solutions Ltd
www.mydeposits.co.uk
info@mydeposits.co.uk

The Tenancy Deposit Scheme
www.tds.gb.com
0845 226 7837

The Deposit Protection Service
www.depositprotection.com
0870 707 1 707

Ask your landlord which scheme is protecting your deposit.

What should you do if your landlord or agent hasn’t protected your deposit?
You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent 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 or agent 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 or agent gave you at the beginning of your tenancy for details.

Your landlord cannot give notice that he is repossessing the property at the end of the tenancy until he has protected the deposit and told you how it is protected.

Want to find out more?
For advice visit:
www.direct.gov.uk/tenancydeposit or telephone the leaflet line on 0845 609 0696
Alternatively contact the following organisations:

Shelter
FREE* housing advice helpline
0808 800 4444 (open 8am to midnight 7 days a week)
www.shelter.org.uk/advice * some mobile phone numbers may charge for calls to this number

Citizens Advice
Listed in the phone book and www.adviceguide.org.uk

National Union of Students
www.nusonline.co.uk/info/housing
Visit your student advice centre or students’ union for more information.

Information compiled by the Department for Communities and Local Government.
Product Code: 06HMD04101/T http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_066409.pdf

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