Tenancy Deposit Protection. Mike Hall Adjudicator The Dispute Service

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From this document you will learn the answers to the following questions:

  • In what country is the scheme for assured shorthold tenancies?

  • Who pays the deposit to Landlord?

  • What is the alternative dispute resolution procedure?

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1 Tenancy Deposit Protection Mike Hall Adjudicator The Dispute Service

2 Tenancy Deposit Protection What is it? Why is it being introduced? Who will run the schemes? Who will it affect? How will it work? Disputes? Tips

3 What is it? A national scheme to lawfully protect tenant s deposits where the tenant is entitled to have all or part of it returned at the end of the tenancy A national scheme to provide an alternative dispute resolution (ADR) procedure where there is disagreement about the return of the whole or part of the deposit

4 Why is it being introduced? To ensure good practice in deposit handling, so that when a tenant pays a deposit, and is entitled to get it back, they can be assured that this will happen To assist with the resolution of disputes by having an ADR service

5 Who will run the schemes? Contracts have been awarded to: Tenancy Deposit Solutions with the Chartered Institute of Arbitrators running the ADR scheme The Dispute Service The National Landlords Association with the Chartered Institute of Arbitrators running the ADR scheme

6 Who will it affect? All landlords granting assured shorthold tenancies after 5 April 2007 in England and Wales Must register as members of a Tenancy Deposit Protection scheme Unlawful to require a deposit which will not be held in an authorised scheme Tenant can apply for a court order requiring deposit to be protected, or for the prescribed information to be given to them No exceptions mandatory scheme - penalties for non-compliance severe 3x deposit

7 How will it work? Landlords can choose between two types of scheme: Custodial scheme or Insurance-based scheme Must choose within 14 days of receiving deposit

8 Custodial scheme Tenant pays deposit to landlord Landlord pays deposit into scheme Landlord provides tenant with details of scheme being used within 14 days At end of tenancy agree how deposit to be divided Scheme informed and deposit divided as agreed If dispute scheme holds amount in dispute until ADR or Court decides ADR not compulsory Interest accrued on the holding of deposits pays for the running of the scheme. Surplus to tenant, or landlord if tenant not entitled to return of any of deposit Deposit must be returned within 10 days if agreement or within 10 days of ADR/Court decision.

9 Insurance-based scheme Tenant pays deposit to landlord Landlord retains deposit and pays premium to insurer Landlord provides tenant with details of scheme being used within 14 days At end of tenancy agree how deposit to be divided If dispute scheme holds amount in dispute until ADR or Court decides Non-compliance by landlord insurance arrangements ensure return of deposit if tenant entitled If dispute scheme holds amount in dispute until ADR or Court decides Deposit must be returned within 10 days if agreement or within 10 days of ADR/Court decision.

10 Example A tenant pays a deposit of At the end of the tenancy the landlord says he wishes to keep 200 to pay for damage to furniture. The remaining 800 will be returned to the tenant. The tenant disagrees, claiming the furniture was damaged when he moved in. Both agree to go to ADR so the disputed 200 is transferred to the scheme administrator until the dispute is settled.

11 Disputes Each scheme will have an ADR service Both landlord and tenant have to agree to use and to be bound by decision otherwise Court must decide ADR default dispute process for both schemes No charge for ADR In custodial scheme, scheme continues to hold amount until ADR or Court decision In insurance-based scheme landlord hands over disputed amount to scheme administrator until decision

12 Deposit must be repaid within 10 days of ADR or Court decision ADR free Courts can be expensive ADR quicker and cheaper ADR impartial and evidence-based ADR less stressful!!

13 Hints and tips Join appropriate scheme within specified time limits to avoid penalties If you wish to avoid arguments, disagreements and problems at the end of the tenancy or the possibility of losing your case at ADR: Draw up comprehensive tenancy agreement setting out fully each parties obligations

14 Prepare comprehensive inventory of condition and contents at start of tenancy and get tenant to sign; use photos or video if necessary Prepare comprehensive inventory of condition and contents at end of tenancy; use photos or video if necessary Where dispute provide quotations/invoices for work done Remember you cannot serve s21 notice until scheme has been complied with no compliance no possession Remember the deposit is the tenant s you have to prove it should be yours Don t renew existing tenancies

15 Useful websites

16

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