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7:00 AM, 28th August 2017, About 7 years ago 6
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This is the second post in my 2017 Legal Update series.
Tenancy deposits were first introduced in April 2007 and ever since then all landlords have had to:
Although many deposits have been protected and dealt with perfectly satisfactorily under the rules, the legislation proved to be most unsatisfactory and has had to be amended twice.
Frankly if they had intended to mess it all up, the Parliamentary Draftsmen could not have done a better job!
The most recent changes came with the inappropriately named ‘Deregulation Act 2015’ which also brought in changes to section 21 which I will be explaining later in this series.
This is how it now works:
When you take a deposit, you need to protect it in a scheme within 30 days of receipt of the money.
There are two possible problems areas here:
So far as the early deposits are concerned – the best advice is to just protect them within 30 days.
Some people assume that as the tenancy has not started yet there is no AST to (as it were) hang the need to protect on. However as soon as the tenancy is created you will instantly be out of time. So best to just bite on the bullet and protect.
So far as accepting deposits by installments is concerned this is a VERY bad idea. Each and every installment must be protected within 30 days of payment and many landlords have got into trouble by waiting until all payments are paid. If you must accept installments its best to do this with the rent rather than the deposit.
Prior to the Deregulation Act we had a ridiculous situation (following on from the Superstrike Case) where landlords had to keep serving prescribed information forms whenever the tenancy was renewed, e.g. as a periodic tenancy.
Thankfully the Deregulation Act changes stopped this nonsense. However, you still need to be careful to serve the notice within time.
Remember that it is the information that is prescribed not the form – there is no actual prescribed information form. So, you need to be careful to ensure that all the information is actually provided.
Serving a copy of the certificate and your scheme’s leaflet will satisfy most of the requirements but not all. For example, you also need to tell the tenant the clauses in your tenancy agreement which set out the deductions you are entitled to make from the deposit.
For this reason, it is best to use a properly drafted legal form so nothing gets overlooked – suitable forms are provided by TDS and the DPS and I also have one for my Landlord Law members.
The problem about failing to comply with the rules is that you cannot then serve a valid section 21 notice until you are compliant – which includes refunding the money to the tenants.
If you are ever in this situation, I have prepared a Legal Kit which you can read about below, which explains the law and gives step by step guidance.
Tenants are also entitled to bring a claim for up to 3x the deposit sum if you breach the rules. So, it is best to comply so they have no chance to do this.
Probably the best source of information is the website for your scheme. This will have guidance, the scheme terms and conditions and helpful articles. The schemes also have free telephone advice lines – you can find the number from your scheme website.
The websites are
On my Landlord Law site, I have a lot of help for members on deposit issues, including a ‘compliance checker’ trail you can follow to see if you have complied with the rules, a long article explaining the prescribed information and a prescribed information form you can use.
Members can also ask me ‘quick questions’ in the members forum area.
You can find out more about Landlord Law here.
If you forget the protect the deposit in time, my Deposit Error Repair Kit has step by step guidance to help you comply with the law and serve a valid section 21 notice.
Next time I will start looking at section 21 and the complicated rules that now apply.
Tessa Shepperson is a specialist landlord & tenant lawyer and runs the popular Landlord Law online information service.
To see all the articles in my series please Click Here
Additional course below:
Landlords – if you want to avoid legal problems, penalties and fines, this online course is just the job Please Click Here
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Looking at Section 21
Gunga Din
11:22 AM, 28th August 2017, About 7 years ago
Recently started a tenancy and protected the deposit. The tenant now proposes to get a dog, so I require extra "pet damage deposit". How should I deal with depositing this?
Many Thanks - Gunga Din
Romain Garcin
14:35 PM, 28th August 2017, About 7 years ago
Reply to the comment left by Gunga Din at 28/08/2017 - 11:22
Hi Gunga,
You would need to proceed as with a 'normal' tenancy deposit by protecting this deposit within 30 days of receiving it.
toona rama
8:28 AM, 29th August 2017, About 7 years ago
Hi,
What is the best way to 'prove' the tenant has received the prescribed information/certificate within the 30 days (or even at all)? Just in case the tenant subsequently denies receipt and it is your word against theirs.
Tessa Shepperson
9:37 AM, 29th August 2017, About 7 years ago
Hand it to them personally and get them to sign and date a copy to confirm receipt. Or have an independent witness when the item is hand delivered to them. Keep a record of the date, time, and method of service.
Don't send it by post as there is no way you can prove receipt (unless the tenant tells you that they have got it).
Recorded delivery is OK if they sign for it but often tenants don't accept delivery or fail to collect the item if it is taken back to the mail office. Personal service is always best.
Any Landlord Law members reading this will find a long article on service of documents in the member's area here: http://www.landlordlaw.co.uk/member/general-guidance-service-documents
jacril2607
10:05 AM, 28th December 2021, About 2 years ago
HI
Looking for claimng back depoit from DPS..,say 350£.
After all the to and fro primary exchange with tenants and time elapsed, I have to submit/ Request Statutory Declaration
To download the Declaration from their website, its another 14 days waiting and refilling all the information again. Then it says;
"If you've made a claim and the tenants have failed to respond within the 14 day time frame, you can claim back any part of the deposit you believe you're entitled to. You can do this by filling in a Statutory Declaration form.
The form will have to be witnessed by a solicitor, commissioner for oaths or a magistrate, and the tenant(s) will have 14 days to respond."
Can anyone advice me how it possible and affodabile to get a Solicitor or Magistrate to witness this?. Does anyone ever done this before. For me its a complete nonsence and a proforma denial from proceeding and obtaining a refund.
Kindly advice.
Reluctant Landlord
12:49 PM, 30th December 2021, About 2 years ago
My scenario...the deposit was released from DPS back to the tenant for him to pay for the damage he made. He then paid me. His tenancy continues and he is staying in the property but now needs to pay a new deposit. He has asked to pay in instalments.
I assume if he pays me I have to deposit it each time and go through the whole process of issuing the PI. Or is there another way?
I assume a deposit can be received at any time during a tenancy - just as long as it is protected within 30 days being received?