Changes to the Tenancy Deposit Scheme
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6 April 2012
From 6th April, the rules relating to the
Tenancy Deposit Scheme will change as follows:
- Deposits received on or after 6th April must be
protected within 30 days of receipt.
- Those deposits that have already been received,
must have been protected by midnight on the 5th April 2012.
- Where an Assured Shorthold Tenancy is renewed
with a tenant, and the deposit is retained by the landlord, the deposit
must be re-registered.
- Where a landlord takes money to cover loss of
rent or for damages or losses to the landlords property, it will be
treated as a deposit, despite the name given to it by the landlord.
- Any guarantee or bond given to the landlord will
not need to be registered unless money is literally handed over to the
- The landlord cannot charge the tenant a deposit
protection fee, however the landlord can charge for administration
services, and can also charge VAT for it.
- The certificate and certain information in
relation to the deposit protection must be supplied to the tenant and
any third party that provided the deposit.
- Where a landlord wishes to serve a section 21
Notice, it will not be enforceable, unless:
1. The deposit was protected within 30
days of receipt or returned to the tenant before serving the section 21
2. The certificate and certain
information in relation to the deposit protection was supplied to the
tenant and any third party that provided the deposit
- Where the landlord uses the custodial tenancy deposit scheme, he must
ensure that he provides DPS the correct contact details for the lead
tenant. This is to ensure that where the DPS needs to return the
deposit to the lead tenant at the end of the tenancy, it can contact
the lead tenant to do so.
- The deposit must be registered in the name of the
registered proprietor of the property, unless an agent is registering
If you need any assistance with a residential or commercial property
matter, contact our Property Department and speak to one of our
solicitors who will be happy to assist you.
Inam Ali is a Solicitor
specialising in Commercial and Intellectual Property Law, and can be
contacted via email: firstname.lastname@example.org
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Article Published/Sorted/Amended on Scopulus 2012-04-20 14:22:29 in Legal Articles