New Tenancy Deposit Schemes from the Government

Tenancy Deposit Schemes from the Government  The tenancy deposit schemes launched by the Dept of Communities and Local Government start from the 6thApril 2007 - so if you're going to sign a contract with a landlord or agent on/after this date you will be signing up to one of the new schemes. If you pay a deposit for house after the 6th of April your landlord or agent must protect it using the new authorised tenancy deposit scheme. These schemes are from the government & were introduced through the Housing Act - the idea is that your deposit becomes protected by an independent body & not necessarily the landlord/agent. This means that you should get all or part of your deposit back, when you're entitled to it. Any disputes between you & your landlord/agent will be easier to resolve than they are now.

So what happens when signing the contract & moving in?

 Once you've decided on somewhere to live next year you will need to pay the landlord/agent the deposit as usual. But this time they are required to give you details about how your deposit is going to be protected (they have to do this within 14 days!)

These details include:

• The contact details of the tenancy deposit scheme
• How to apply for the release of the deposit
• Information explaining the purpose of the deposit
• What to do if you have a dispute over the repayment of the deposit - you are entitled to this information - if you don't get it you MUST ask

Best ways to ensure you get all of your deposit back:

It's your responsibility to return the property in the same condition that it was in when you took possession of the keys (however you can allow for a fair amount of wear & tear).

 To be on the safe side we suggest you do the following:

• Keep a detailed list of the contents (furniture & fittings)
• Make a record of the condition of the property & its contents (the best way to do this is by taking photographs of everything - including the kitchen sink!).
• Check in what instances the landlord/agent would have a claim on some or all of your deposit (this will help you look out for them things as the year goes). That what the scheme is and how it effects you - but more importantly now for how it works (bare with us its not the easiest thing in the world to explain!).

Here's a step-by-step guide to how the tenancy deposit scheme works:

1. You pay a deposit & move in - the schemes are run by one of three organisations (ask your Landlord which scheme your deposit will be going to)
   • Tenancy Deposit Solutions Ltd
   • The Tenancy Deposit Scheme
   • The Deposit Protection Service

1. You live happily in your new house; have a small argument over whose turn it is to buy toilet roll, then its time to move out again.
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3. At the end of your tenancy you must check the property & its contents is in the same condition as it was when you moved in (less the wear & tear), you also have to check you're up-to-date with your rent & any other expenses. Your landlord & you will come to an agreement on how much of the deposit you will get back & it should be returned to you within 10 days. But all of this is great in an ideal world; however sometimes there is cause for dispute between you and your landlord/agent. This is when the dispute resolution process comes into its own!
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If you can't agree on the amount that should be returned you, there will be a free service offered to you by the scheme that holds you deposit to help resolve the dispute. You will need to check the information you received from your landlord/agent at the beginning for more details.