Tenancy Deposit Protection: Guide for Tenants

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On 6 April 2007 the Government introduced Tenancy Deposit Protection to ensure deposits are safeguarded by an approved Tenancy Deposit Protection Scheme.

On this page are details of the scheme and advice on preventing deposit disputes. There is also available a printed guide entitled 'Tenancy Deposit Protection - a guide for tenants'. Copies are available from the Advice and Information Centre in Guildhall Two or you can download a pdf version - see related documents below.

What is a deposit?

A landlord will usually seek a deposit before offering a tenancy to protect them against losses due to damage, rent arrears or other debt incurred when a tenant leaves.

What deductions can be made from a deposit?

Deductions can be made from a deposit when a tenant leaves a property for:

• rent arrears
• damage that is more than fair wear and tear
• the property not being cleaned
• outstanding bills
• failure to return keys
• leaving before the end of a fixed term of a contract
• failing to give proper notice or agreeing surrender.

What can I do to avoid a deposit dispute?

Prior to agreeing the tenancy ask to see an inventory. This should confirm the condition of the property and the items provided.  

• Make sure you check and agree the inventory with the landlord.  
• If your landlord does not provide an inventory make one yourself and send it to them. You can take photographs of the property and ask your landlord to sign and date them to confirm the condition of the property.
• Get a receipt for the deposit.
• Always seek written permission from the landlord before decorating.
• If you want to change or remove items provided by the landlord seek their written permission.
• If items provided by the landlord are broken, advise the landlord and seek their written agreement for repair or replacement.
• Make sure you pay your rent and if anything does go wrong tell your landlord and try to minimise any damage.
• When you intend to leave contact your landlord to discuss notice needed and agree appointments for a check out inventory and the return of keys and your deposit.
• If you are worried about notice requirements seek advice.
• Near the end of the tenancy ask the landlord to come and inspect.
• At this inspection go through the inventory and ask the landlord if they are happy with the condition of the property and the items they provided and if they have any problems with the property that you could put right.
• Before you leave ensure you have told the utilities companies of the date you are leaving the property and seek final accounts and pay any outstanding bills.
• If you pay Council Tax and/or claim Housing Benefit you will also need to tell the Council of your move.
• Before you leave ensure you thoroughly clean the property throughout. Take photographs of the condition of the property and ensure someone else signs and dates these photographs.
• When returning the keys seek a receipt and request in writing the earliest return of your deposit.

Can my landlord avoid Tenancy Deposit Protection?

No. Tenancy Deposit Protection applies to all assured shorthold tenancies.

Your landlord will not be able to provide you with a different type of agreement where the actual terms of the letting confirms an assured shorthold tenancy.

If you are at all unsure about your type of tenancy, and if your landlord must ensure your deposit is safeguarded by a Tenancy Deposit Protection Scheme, seek advice from any of the advice providers listed on page five of this booklet.

Does my landlord need to safeguard my existing deposit under a Tenancy Deposit Protection Scheme?

Yes, if you renew your tenancy with your landlord after 6 April 2007.

No, if your tenancy started before 6 April 2007 and you do not renew your tenancy.

Do I have to pay for Tenancy Deposit Protection Schemes?

No. Tenancy Deposit Protection Schemes are free to tenants.

Does my landlord need to provide an inventory under Tenancy Deposit Protection Schemes?

No. Tenancy Deposit Protection does not require the provision of an inventory but to help avoid disputes it is good practice for a landlord to do so.

What Tenancy Deposit Protection Schemes are available?

Your landlord has a choice of ensuring your deposit is safeguarded in either a Custodial or an Insuranced Backed Scheme.

What happens if there is a dispute about the return of my deposit?

Both the Custodial and Insurance Backed Schemes provide for Alternative Dispute Resolution (ADR) to help both parties reach agreement to the return of monies. Should ADR fail to resolve a dispute then both parties retain the ability to take civil action in the courts.

Legal action should always be considered as a last resort and only taken where all other routes available have been exhausted and appropriate legal advice has been taken.

Who are the Scheme providers?

There are three government authorised Tenancy Deposit Scheme providers.

There is one Custodial Scheme provider:

The Deposit Protection Service (The DPS)
Web: www.depositprotection.com
Phone: 0870 707 1 707

There are two Insurance Backed Scheme providers:

Tenancy Deposit Solutions Ltd (TDSL)
3rd Floor, Kingmaker House
Station Road, New Barnet
Hertfordshire EN5 1NZ
Web: www.mydeposits.co.uk
E-mail: info@mydeposits.co.uk

The Tenancy Deposit Scheme (TDS)
Web: www.tds.gb.com
E-mail: deposits@tds.gb.com
Phone: 0845 226 7837

What do I have to do now?

From 6 April 2007 where you provide a deposit to a new landlord, or renew your existing tenancy agreement, and where your landlord holds your deposit they have 30 days to notify you which Tenancy Deposit Protection Scheme they are safeguarding your deposit under.

What happens if my landlord doesn’t protect a deposit I have provided?

If your landlord fails to protect a deposit or fails to tell you what scheme they are using you can take them to court. The courts can fine a landlord up to the value of three times the deposit amount you have provided and order them to safeguard your deposit with a scheme provider.

If your landlord does not protect your deposit provided after 6 April 2007 (or where a tenancy is renewed) they will not be able to obtain a possession order under Section 21 Housing Act 1988.

Where do I go for further information?

Directgov - the UK Government website
Phone: 0845 609 0696
Leaflets available in other languages

Housing Advice Service
Guildhall 2
Kingston
KT1 1EU
Phone: 020 8547 5003
E-mail: housingadvice@rbk.kingston.gov.uk
Open:  Monday to Thursday 8.45am to 5.00pm
Friday 8.45am to 4.45pm

Citizens Advice Bureaux - for free help and advice to landlords, tenants and homeowners on a range of issues including:

• rent and mortgage payments
• landlord and tenants rights
• repair issues and benefit problems

Phone: 0844 826 9701
Visit at the following offices:
Citizens Advice Bureau (Kingston)
Neville House, 55 Eden Street
Kingston KT1 1BW
Please see www.kcabs.org.uk for opening hours - see related link below.

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