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:
- The performance of any obligations of the tenant, or
- 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:
- Protect any tenancy deposit held by the landlord in an authorised tenancy deposit scheme,
- Comply with the initial requirements of such a scheme and
- 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:
- Penalty
- 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
