Tenancy Deposit Protection Check List
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
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.
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 our Advisors 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.
Have you given the tenant/s a notice giving them the prescribed information required by the legislation.
Give the prescribed information and leaflet.
Have you given each of the following to the tenant/s?
- The name and address, telephone number, email address and fax number of the authorised tenancy deposit scheme with whom you have protected the deposit.
- The procedures which apply under the scheme dealing with how the deposit is repaid at the end of the tenancy.
- The procedures that apply under the scheme if the landlord or the tenant is not contactable once the tenancy has ended.
- The procedures that apply under the scheme if there is a dispute over the deposit
- Details of the alternative dispute resolution procedures under the scheme.
Give the tenant/s the prescribed information including the above.
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.
Give the tenant/s a copy of the scheme leaflet.
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:
- The amount of the deposit paid.
- The address of the tenanted property.
- Your name, address, telephone number, any email address you have or fax number which you have.
- The name, address, telephone number and any email address or fax number of each of the tenants (this should not just be confined to any lead tenant – it needs to include the names of all of the tenants).
- Details of the circumstances in which all or any part of the deposit can be held back by you (e.g. due to rent arrears, tenancy breach etc). Have you either listed these out in the notice or referred the tenant/s to a clause in the tenancy agreement identifying the situations where the deposit can be held back.
- Have you included a contact address for the tenant/s after the tenancy has been ended so that either you or the tenancy deposit scheme can contact the tenant. It has to be a forwarding or care of address for use after the tenancy has ended.
Give the tenant/s the prescribed information and include the above detail in it.
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?
- Signed confirmation by you in the form of a certificate that the information you have provided in the prescribed information is “accurate to the best of my knowledge and belief”
- A certificate by you that you have given each of the tenant/s the opportunity to sign the prescribed information document which you have given them to confirm that the information is accurate to the best of the tenant/s knowledge and belief.
- The tenant has signed the document to confirm that it is accurate.
- you do not have to give any third party the opportunity to counter-sign the prescribed information; only the tenant/s. Each tenant should be asked to sign
- provided you have given each tenant the opportunity to sign it does not matter that they may not have signed
- The document has been signed and dated by you to confirm this.
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.
Has anyone beside the tenant/s paid or contributed towards the deposit.
If the answer is YES go to Question 8. If NO go to Question 9
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.
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.
Give the prescribed information to any third party.
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).
If you did hand over the prescribed information and scheme leaflet, was it done after the deposit was received?
Give the prescribed information to each tenant/third party
Have you handed over a copy of the official scheme receipt to the tenant/s
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.