Deposits and Deposit Schemes
Related Articles
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.
Renting Homes Amending Regulations (Wales)
The Welsh government has announced that four other amending regulations relating to the Renting Homes Act have been laid, scheduled for a plenary debate on 12 July 2022.
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.
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.
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.
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
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
If a tenant is absent or uncooperative, a landlord may use the single claim procedure, which is accompanied by a statutory declaration to obtain the deposit without the need for the tenant's consent.
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
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.
Renting Homes Amending Regulations (Wales)
The Welsh government has announced that four other amending regulations relating to the Renting Homes Act have been laid, scheduled for a plenary debate on 12 July 2022.
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.
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.
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.
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
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
If a tenant is absent or uncooperative, a landlord may use the single claim procedure, which is accompanied by a statutory declaration to obtain the deposit without the need for the tenant's consent.
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
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.
Renting Homes Amending Regulations (Wales)
The Welsh government has announced that four other amending regulations relating to the Renting Homes Act have been laid, scheduled for a plenary debate on 12 July 2022.
Related Forms
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.
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.