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Tenancy deposits

This content applies to England

Provisions regarding paying a deposit to secure rented accommodation and recovering the deposit at the end of the tenancy.

Tenancy deposit rules

Definition and general information about deposits, including offsetting rent against deposit and statutory control on amounts. 

Deposit protection rules

Rules for protecting a deposit received on or after 6 April 2007 in a tenancy deposit protection scheme, including when a tenancy is renewed on or after that date. 

Prescribed information

List of prescribed information that must be served on the tenant to comply with the requirements of the tenancy deposit protection legislation. 

Time limits for compliance

A landlord or agent must protect a deposit paid by an assured shorthold tenant and provide the prescribed information within the statutory time limit. 

Financial sanctions

Landlords may be liable to repay the deposit in addition to paying a sum between one and three times the amount of the deposit paid. 

Notice restrictions

Restriction on use of section 21 notice if landlord has not complied with the tenancy deposit protection scheme rules 

Tenancy deposit protection schemes

Tenancy deposit protection schemes can either be custodial or insurance-backed, each having their own terms and conditions. 

Return of deposits from custodial schemes

Return of the deposit under a custodial scheme, and potential disputes, including in cases of absent or uncooperative landlord or tenant. 

Return of deposits from insurance schemes

Return of the deposit under an insurance scheme, and potential disputes, including in cases of absent or uncooperative landlord or tenant. 

End of deposit protection

A deposit can cease to be protected under an insurance scheme before the tenancy comes to an end when a landlord's membership of the scheme is terminated. 

Disputes about return of tenancy deposits

Tenancy deposits disputes can be resolved through the scheme's alternative dispute resolution (ADR) service or the courts. 

When a landlord changes

A new landlord will usually take on the responsibility for the return of the deposit and must comply with the rules of the deposit protection scheme. 

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