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Tenancy Deposit Protection Check List

Introduction

Landlords must comply with tenancy deposit protection requirements, including the need to give the scheme's prescribed information. Otherwise, you face financial penalties and the loss of the right to use Section 21.

The purpose of this check list is for you to check each deposit you hold to make sure that you are fully compliant.

If the answer to any question is NO then you need to take steps to comply (except for Q7 where action is needed if you answer YES).

References to you (the landlord) also include the landlord's agent if the agent deals with the deposit.

Check List Questions

Question 1

Have you protected the deposit with one of the three Government approved schemes? This will be the custodial or insurance scheme of either TDS, My Deposits or DPS. Landlords can also protect their deposits with TDS via DepositGuard.

YES/NO

Corrective action

If it has been less than 30 days since you received the first payment towards the deposit, then protect it within one of the scheme immediately.

If it has been less than 30 days since you received the first payment or part payment of the deposit then protect the deposit immediately.

If it is has been more than 30 days since you received the first payment or part payment of the deposit then contact the Landlord Advice Team on 03330 142 998.

Protecting the deposit does not just mean putting the deposit in the scheme. It means that you have to give the tenant/s the document setting out all of the information mentioned below, including the official scheme tenants leaflet.

Question 2

Have you given the tenant/s a notice giving them the prescribed information required by the legislation.

YES/NO

Corrective action

Give the prescribed information and leaflet.

Question 3

Have you given each of the following to the tenant/s?

YES/NO

Corrective action

Give the tenant/s the prescribed information including the above.

Question 4

Have you given the tenant/s a copy of the official scheme leaflet which is provided by the scheme you have protected the deposit with?

If you use DepositGuard or TDS you can find the leaflet ‘What is the Tenancy Deposit Scheme?' on our DepositGuard documents page, from TDS directly or on attached to the back of our DepositGuard tenancy agreements.

If you are using MyDeposits or DPS their documentation is available from them directly.

YES/NO

Corrective action

Give the tenant/s a copy of the scheme leaflet.

Question 5

As well as complying with Question 2 and Question 3 above have you given the tenant/s all of the following specific information relating to their tenancy:

YES/NO

Corrective action

Give the tenant/s the prescribed information and include the above detail in it.

Question 6

Does the prescribed information document which you have given to the tenant/s or any third party (who has paid or contributed towards the deposit) include the following?

YES/NO

Corrective action

Give the prescribed information with the correct Certificates signed by you. Give them a copy as well as the original. Ask the tenant/s to sign the copy and return it to you. You can do this personally or by letter.

Question 7

Has anyone beside the tenant/s paid or contributed towards the deposit.

YES/NO

Corrective action

If the answer is YES go to Question 8. If NO go to Question 9

Question 8

If the answer to the last question is YES then each third party who has paid/contributed towards the tenant's deposit must also be given a document containing all of the prescribed information (as set out in Questions 3 and 5 above and also containing the Certificate in Question 6) as well as the tenant's leaflet referred to in Question 4 above.

YES/NO

Notes

You can give the same form with the same information to any third party that you give to the tenant/s.

If all of the deposit has been paid by a third party you still need to give all of the prescribed information to the tenant/s.

The third party does not need to countersign the prescribed information.

Corrective action

Give the prescribed information to any third party.

Question 9

Have you actually handed over or posted the prescribed information notice signed by you to the tenant/s and to any third party (who has paid or contributed towards the deposit).

YES/NO

Question 9(a)

If you did hand over the prescribed information and scheme leaflet, was it done after the deposit was received?

YES/NO

Corrective action

Give the prescribed information to each tenant/third party

Question 10

Have you handed over a copy of the official scheme receipt to the tenant/s

YES/NO

Corrective action

Give a copy of the receipt to the tenant/s

Prescribed information format

Each of the schemes provides their own format of the prescribed information document. If you are using one of our DepositGuard tenancy agreements then we attach the prescribed information to the download along with the Tenancy Deposit scheme leaflet.

You can find out more information on prescribed information in our guide to this subject.

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