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March 7, 2017

THE DEFINITION OF A TENANCY DEPOSIT

landlord deposit dispute

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The relationship between a landlord and tenant is fundamentally based upon trust  

The landlord trusts that you will take care of his property and that you will pay your rent in full and on time. The tenant trusts that the landlord will maintain the property and that the tenant’s deposit will be secured as required under the law.

A tenancy deposit is defined by section 212(8) of the Housing Act 2004 to mean any money intended to be held by the landlord or otherwise as security for:

  1. The performance of any obligations of the tenant, or
  2. The discharge of any tenant liability arising under in connection with the tenancy

Effective from 6 April 2007 and subject to amendments, Sections 212 -215 of the Housing Act 2004 requires all landlords of an assured shorthold tenancy (AST) to:

  1. Protect any tenancy deposit held by the landlord in an authorised tenancy deposit scheme,
  2. Comply with the initial requirements of such a scheme and
  3. Provide the prescribe information of the scheme to the tenant.

THE SANCTIONS

There are two sanctions where the landlord has not complied with these requirements:

  1. Penalty
  2. Prohibition of serving a section 21 notice

It a breach of the law when a private landlord of an AST (after April 2007) fails to secure the tenancy deposit with an authorised deposit protection agency within 30-days of receipt and or when the landlord fails to inform the tenant or person paying the deposit of the details of the protection agency and as to how the deposit can be claimed at the end of the tenancy.

FIND OUT IF YOUR DEPOSIT HAS BEEN SECURED

If you are a tenant of an AST simply call the three authorised agencies below to confirm that your private landlord has secured your tenancy deposit, as he is legally required to do.

  • The Deposit Protection Service – 0330 303 0030
  • My Deposits – 0344 980 0290
  • Tenancy Deposit Scheme – 0300 037 1000

OUR NO OBLIGATION ENQUIRY FORM

If you discover that your landlord has failed to secure your tenancy deposit with any one of these 3 agencies, or failed to do so within the time limit of 30-days of receipt of your deposit then fill in our no obligation enquiry form and we will call you back for a free consultation as to whether we will be able to proceed with a no win no fee claim on your behalf.[/vc_column_text][dt_button link=”/enquiry-form/” size=”big”]Fill out our enquiry form[/dt_button][/vc_column][/vc_row][vc_row type=”4″ el_class=”authorcss”][vc_column width=”1/2″ css=”.vc_custom_1488885508821{padding-top: 30px !important;}”][vc_single_image image=”961″ img_size=”full” style=”vc_box_border”][/vc_column][vc_column width=”1/2″ css=”.vc_custom_1488885526036{padding-top: 30px !important;}”][vc_column_text]Contact
Ian Duncan, Legal Services Director
duncan_i@depositdispute.com
6 Branksome, Gower Road, Weybridge,
Surrey, KT13 0HD
Tel: 01932 918 808
www.depositdispute.com
Legal Road Limited, 6 Branksome, Gower Road, Weybridge, Surrey, KT13 0HD[/vc_column_text][/vc_column][/vc_row][vc_row type=”4″][vc_column][vc_column_text]This blog or newsletter is not intended to provide a comprehensive statement of the law and does not constitute legal advice and should not be considered as such. It is intended to highlight some legal issues current at the date of its preparation. Specific advice should always be taken in order to take account of individual circumstances and no person reading this article is regarded as a client of this company in respect of any of its contents.[/vc_column_text][/vc_column][/vc_row]