Don’t worry we won’t send you spam or share your email address with anyone. on Deductions Proposal Template – A Helpful New Tool on Frequently Asked Questions About the First-tier Tribunal on SafeDeposits Scotland Hosting Tenant and Landlord Conferences The Tenancy Deposit Scheme (TDS) The Tenancy Deposit Scheme is the longest serving deposit protection scheme and was originally set up in 2003 and is operated by the Dispute Service Ltd. Other schemes will not offer the same level of protection for either landlords or tenants.Within these three approved schemes, there are two types of scheme: custodial and insurance.With a custodial deposit scheme, the tenant's deposit is held in a bank account (which cannot be accessed by the landlord or the tenant) by the scheme operator.The funds are released to the appropriate party at the end of the tenancy once any disputes have been settled.Here, the landlord or their agent holds on to the tenant's deposit but pays a fee to insure it against being kept unfairly at the end of the tenancy.If there is a dispute between the landlord and tenant at the end of the tenancy the insurer will settle with the tenant and then pursue the landlord for the money.Landlords can only use an insurance scheme if they belong to an approved professional body - such as a trade association - where members must have client money protection insurance.Once a new tenancy agreement is signed, the landlord must put the tenant's deposit into a protection scheme and within 30 days notify the tenants of the following:If after 30 days the tenant hasn't received this information, they should contact the landlord to obtain it.If the landlord has failed to put the money into a protection scheme the tenant can take them to court to force them to either repay the deposit or pay it into a protection scheme, plus - potentially - a further sum up to three times the amount of the deposit.Deposit protection schemes do not require an inventory - a record of the condition of the property at the start of the tenancy - to be produced, but it can be helpful to draw one up anyway, as they may help in the event of a dispute at the end of a tenancy.It is customary (but not a legal requirement) for landlords to provide tenants with an inventory.Tenants should make sure they agree with the inventory's terms, if this is the case, and make amendments where necessary.If an inventory from the landlord is not forthcoming, tenants would be wise to produce their own photographic records and send a copy to the landlord.At the end of a tenancy the landlord must tell the protection scheme they're using how much of the deposit - if not all of it - to release to the tenants.This is usually paid directly into the tenant's bank account. These are contained in sections 212–215 of, and Schedule 10 to, the Housing Act 2004 (as amended). In the event that they do approve redecoration, this may be on the condition that the altered part of the property is returned to its original appearance before you move out.We’d hate to see the state of the Griswolds’ front lawn when the snow melted after the events of Those are extreme circumstances of course, but winter can be unkind to gardens nonetheless.
In the first of a series of articles in relation to Tenancy Deposit Schemes, we look at what Landlords need to do and why.There are two types of Tenancy Deposit Schemes available, and it is up to the individual Landlord to choose which one he wants to join. Deposit protection schemes: end of a tenancy. The Tenancy Deposit Scheme My Deposits Deposit Protection Service The Custodial schemes are free to use and the landlord or letting agents can simply pay the deposit online or over the phone. It has a different relationship with the weather from that of the bricks and mortar, and then there are other parties who will typically not affect the interior of your property – wildlife, litter-dropping passers-by for example.Add to these variables the very likely possibility of one person’s opinion of a garden in its best condition being different to that of the next person, then there is plenty of scope for disagreement.That is why – as it is in many cases – the tenancy agreement and the details it contains are so important.If the property has a garden then the tenancy agreement should detail:– Which areas of the garden the tenant is responsible for.That last point is one that needs further attention. This helps the tenant see that the landlord is justified in making a deduction and that there is evidence to support this. GoCompare uses cookies.
We have recently introduced a brand new tool for landlords and letting agents to use at the end of a tenancy, should they find themselves needing to make a claim on the deposit.We deal with over 3,500 tenancy disputes each year and our The template requires the landlord or agent to properly structure the deposit deduction proposal and to ensure that they are able to make a deduction, and that evidence is available.
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