Deposits and Tenancy Deposit Schemes
Related Article
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
Landlord No Longer Wishes to Retain a Deposit Under a Particular Scheme
This guidance is where a landlord wishes to move a deposit "during a tenancy". It has nothing to do with when the tenancy has ended.
How Zero-Deposit Home Rentals Work
Zero-deposit tenancies are becoming popular with landlords and letting agents, but are they as good as they seem?
How to Stop a Deposit Dispute Before It Starts
Deposits are a bane of landlord life as damage to a rented home becomes apparent at the end of a tenancy.
Returning A Deposit to Serve Section 21
In this article, we summarise cases about the return of a deposit by cheque or DPS authorisation. Of all the cases, the first one below is made by the High Court, but it was a permission to appeal the decision and not an actual binding case (but being High Court is arguably persuasive).
Cleaning Top Gripe With Renters for Landlords
Landlords are most likely to have a dust up with tenants over cleaning their homes when they leave than any other topic.
Deposit Penalty - Multiple Breaches and Limitations
Howard v Dalton, limitation of 6 years and can a tenancy deposit claim include a failure to protect AND failure to provide prescribed information?
Tenancy Deposit Prescribed Information by New Landlord
The court held that the deposit was received by the new landlord at least by September 2014 when it was transferred
Only 1% of Tenants Dispute Landlords Keeping Deposits
Fewer than 1% of buy-to-let tenants have a dispute with their landlords over returning deposits.
How to Serve Section 21 After Deposit Unprotected by Insurance Scheme
Here we look at the situation where the deposit was originally protected perfectly within 30 days with an insured scheme but was then un-protected by the scheme after the end of the term
Dirty Homes Spark Record Number Of Deposit Disputes
Dirty houses and damage to furniture and fittings top landlord complaints to tenants who leave their buy to let homes in a mess.
Deposit Protection Fine For Letting Agent In Landmark Case
Letting agents who fail to protect tenant deposits for consumer landlords could face fines and a criminal prosecution following a landmark court case.
How To Ensure The Lowest Penalty After Deposit Protected Late
Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) - High Court ordered the lowest penalty for failure to protect the deposit with 30 days because the landlord was inexperienced and had employed an agent
How To Calculate Fair Cleaning And Repair Costs - Betterment
The rules of betterment clearly explain a landlord should not be at a financial advantage or disadvantage at the end of a tenancy allowing for fair wear and tear of a rented home.
Getting Rid Of Tenancy Deposit Problems With The Deregulation Act 2015
The Deregulation Bill became the Deregulation Act 2015 on 26 March 2015 and has now been published. Sections 30 - 32 contain the provisions that amend the legislation concerning tenancy deposits.
MyDeposits To Automatically Un-Protect Certain Deposits Where Statutory Periodic Tenancy Arises
MyDeposits has announced that it is to automatically unprotect some deposits where tenancies turn statutory periodic
Deposit Protection for Statutory Periodic Tenancies and Renewals - Superstrike Ltd v Rodrigues 2013
When the tenancy became statutory periodic, was that a brand new tenancy? Second, if the statutory periodic tenancy is a brand new tenancy, does that trigger a requirement of the landlord to protect the deposit?
Tenancy Deposit Prescribed Information - Ayannuga v Swindells
The judgment of Ayannuga v Swindells (2012) CA (Civ) 6 outlines the deposit prescribed information that must be provided to a tenant.
Six Months Rent in Advance, Tenancy Deposits and Section 21 Notices
Where a tenant pays a landlord 6 months' rent in advance, is that a payment of rent or is it a payment of a deposit? This article explains the decision of the Court of Appeal which answers that question: Johnson & Ors v Old [2013] EWCA Civ 415
Court Orders and Tenancy Deposit Schemes
A court order may be presented to one of the tenancy deposit schemes as evidence for the repayment of the deposit. Still, the landlord may find the scheme rejecting the court order because it doesn't contain sufficient information, such as the name of the deposit scheme and which parties the deposit should be paid to.
The Deposit Protection Service (DPS) Single Claim Procedure Explained
Learn about the differences between custodial and insurance-based tenancy deposit schemes. Discover how the Deposit Protection Service's custodial deposit scheme operates in disputed situations.
Tenancy Deposits and Serving a Section 21 Notice
A landlord may not serve a section 21 notice on a tenant if a tenancy deposit has been received but not protected within 30 days since the changes made by the Localism Act 2011 unless the landlord refunds, makes agreed deductions or penalty proceedings have been determined, withdrawn or settled.
Serving a Section 21 Notice if Deposit Protected Late or Never
From 6 April 2012, a new procedure is followed for serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice.
Localism Act and Tenancy Deposit Schemes
Section 184 Localism Act 2011 significantly changes tenancy deposit schemes from 6 April 2012. No longer will a landlord or agent be able to protect a deposit late without penalty
The Importance of Deposit Prescribed Information
Suurpere v Nice & Anor [2011] EWHC 2003 (QB) This is a significant High Court (so binding) case highlighting the tenancy deposit prescribed information's importance.
Missing Deposit Prescribed Information
if you have less than ten pages of deposit prescribed information, there might be something wrong, and you should double-check the information you are giving is correct.
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
Landlord No Longer Wishes to Retain a Deposit Under a Particular Scheme
This guidance is where a landlord wishes to move a deposit "during a tenancy". It has nothing to do with when the tenancy has ended.
How Zero-Deposit Home Rentals Work
Zero-deposit tenancies are becoming popular with landlords and letting agents, but are they as good as they seem?
How to Stop a Deposit Dispute Before It Starts
Deposits are a bane of landlord life as damage to a rented home becomes apparent at the end of a tenancy.
Returning A Deposit to Serve Section 21
In this article, we summarise cases about the return of a deposit by cheque or DPS authorisation. Of all the cases, the first one below is made by the High Court, but it was a permission to appeal the decision and not an actual binding case (but being High Court is arguably persuasive).
Cleaning Top Gripe With Renters for Landlords
Landlords are most likely to have a dust up with tenants over cleaning their homes when they leave than any other topic.
Deposit Penalty - Multiple Breaches and Limitations
Howard v Dalton, limitation of 6 years and can a tenancy deposit claim include a failure to protect AND failure to provide prescribed information?
Tenancy Deposit Prescribed Information by New Landlord
The court held that the deposit was received by the new landlord at least by September 2014 when it was transferred
Only 1% of Tenants Dispute Landlords Keeping Deposits
Fewer than 1% of buy-to-let tenants have a dispute with their landlords over returning deposits.
How to Serve Section 21 After Deposit Unprotected by Insurance Scheme
Here we look at the situation where the deposit was originally protected perfectly within 30 days with an insured scheme but was then un-protected by the scheme after the end of the term
Dirty Homes Spark Record Number Of Deposit Disputes
Dirty houses and damage to furniture and fittings top landlord complaints to tenants who leave their buy to let homes in a mess.
Deposit Protection Fine For Letting Agent In Landmark Case
Letting agents who fail to protect tenant deposits for consumer landlords could face fines and a criminal prosecution following a landmark court case.
How To Ensure The Lowest Penalty After Deposit Protected Late
Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) - High Court ordered the lowest penalty for failure to protect the deposit with 30 days because the landlord was inexperienced and had employed an agent
How To Calculate Fair Cleaning And Repair Costs - Betterment
The rules of betterment clearly explain a landlord should not be at a financial advantage or disadvantage at the end of a tenancy allowing for fair wear and tear of a rented home.
Getting Rid Of Tenancy Deposit Problems With The Deregulation Act 2015
The Deregulation Bill became the Deregulation Act 2015 on 26 March 2015 and has now been published. Sections 30 - 32 contain the provisions that amend the legislation concerning tenancy deposits.
MyDeposits To Automatically Un-Protect Certain Deposits Where Statutory Periodic Tenancy Arises
MyDeposits has announced that it is to automatically unprotect some deposits where tenancies turn statutory periodic
Deposit Protection for Statutory Periodic Tenancies and Renewals - Superstrike Ltd v Rodrigues 2013
When the tenancy became statutory periodic, was that a brand new tenancy? Second, if the statutory periodic tenancy is a brand new tenancy, does that trigger a requirement of the landlord to protect the deposit?
Tenancy Deposit Prescribed Information - Ayannuga v Swindells
The judgment of Ayannuga v Swindells (2012) CA (Civ) 6 outlines the deposit prescribed information that must be provided to a tenant.
Six Months Rent in Advance, Tenancy Deposits and Section 21 Notices
Where a tenant pays a landlord 6 months' rent in advance, is that a payment of rent or is it a payment of a deposit? This article explains the decision of the Court of Appeal which answers that question: Johnson & Ors v Old [2013] EWCA Civ 415
Court Orders and Tenancy Deposit Schemes
A court order may be presented to one of the tenancy deposit schemes as evidence for the repayment of the deposit. Still, the landlord may find the scheme rejecting the court order because it doesn't contain sufficient information, such as the name of the deposit scheme and which parties the deposit should be paid to.
The Deposit Protection Service (DPS) Single Claim Procedure Explained
Learn about the differences between custodial and insurance-based tenancy deposit schemes. Discover how the Deposit Protection Service's custodial deposit scheme operates in disputed situations.
Tenancy Deposits and Serving a Section 21 Notice
A landlord may not serve a section 21 notice on a tenant if a tenancy deposit has been received but not protected within 30 days since the changes made by the Localism Act 2011 unless the landlord refunds, makes agreed deductions or penalty proceedings have been determined, withdrawn or settled.
Serving a Section 21 Notice if Deposit Protected Late or Never
From 6 April 2012, a new procedure is followed for serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice.
Localism Act and Tenancy Deposit Schemes
Section 184 Localism Act 2011 significantly changes tenancy deposit schemes from 6 April 2012. No longer will a landlord or agent be able to protect a deposit late without penalty
The Importance of Deposit Prescribed Information
Suurpere v Nice & Anor [2011] EWHC 2003 (QB) This is a significant High Court (so binding) case highlighting the tenancy deposit prescribed information's importance.
Missing Deposit Prescribed Information
if you have less than ten pages of deposit prescribed information, there might be something wrong, and you should double-check the information you are giving is correct.
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
Landlord No Longer Wishes to Retain a Deposit Under a Particular Scheme
This guidance is where a landlord wishes to move a deposit "during a tenancy". It has nothing to do with when the tenancy has ended.
Related Forms
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.
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.
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.