Briefing Note

Tenancy Deposit Schemes

Updated July 2012

Please note that this Briefing Note is not maintained, and reflects the law as at the date of publication or update

Introduction

This Briefing Note explains what a tenancy deposit scheme (TDS) is and what a landlord’s obligations are under a TDS.

This Briefing Note should not be relied upon as legal advice and you should contact us for advice on your specific circumstances.

What is a TDS?

A landlord under an assured shorthold tenancy (AST) must protect a tenant’s deposit by using an authorised tenancy deposit scheme (TDS) operated by an approved scheme administrator. A TDS has two main objectives:

  • To ensure that, when a tenant pays a deposit, it will be protected and returned to the tenant at the end of the AST, except when the landlord has a legitimate claim on it.
  • To resolve disputes between landlords and tenants using dispute resolution rather than via the courts.

There are two types of TDS:

  • A custodial TDS requires a landlord to pay their tenant’s deposit to a scheme administrator, who holds the deposit until the tenancy ends.
  • An insurance TDS is where the landlord retains possession of the deposit but secures it by paying a fee and insurance premiums to the scheme administrator.

What are a landlord’s obligations under a TDS?

Within 30 days of receipt of the deposit a landlord must:

  • Comply with the “initial requirements” of the TDS.
  • Give the tenant certain prescribed information.

What sanctions are available if a landlord fails to fulfil their obligations under a TDS?

  • If a landlord fails to comply with the TDS, a tenant can apply to court even if the tenancy has ended.
  • The penalty for failing to comply with the TDS will be between one and three times the deposit.

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