Tenancy Protection Scheme
What is a Tenancy Protectection Scheme?
Your questions answered...
From 6th April all new tenancy deposits must be protected in a
government-authorised scheme. This new rule applies if the tenancy is an
assured shorthold tenancy. The Government wants to make sure tenants’
deposits are protected so that:
• Tenants get all or part of their deposit back, when they are entitled
to it
• Any disputes between tenants and landlords or agents will be easier to
resolve
• Tenants are encouraged to look after the property they are renting
Assured Shorthold Tenacies
Most tenancy agreements for self-contained residential property since
1997 are assured shorthold tenancies. With an assured shorthold tenancy,
the tenant usually has the right to stay in the property for at least
six months, although a landlord or agent can agree a longer stay.
At the end of the tenancy, following adequate written notice, a landlord
or agent can seek possession of the property. If a landlord or agent
needs to seek possession earlier than this, they can only do so for one
of the reasons specified in the Housing Act 1988. A tenant who refuses
to leave cannot be evicted without a court possession order. A landlord
or agent will lose their automatic right to regain possession of the
property at the end of the tenancy unless they have protected the
deposit in a scheme and given the tenant information about how it is
protected.
Moving In
At the beginning of a new tenancy agreement, the tenant pays the deposit
to the landlord or agent as usual, who must ensure it is protected.
There are three schemes to choose from. There is a single custodial
scheme, where the money is held by the scheme until the end of the tenancy.
The custodial scheme is free to use. The landlord or agent simply puts
the deposit into the scheme at the beginning of the tenancy.
There are two insurance-based schemes that insure the deposit.
Under the insurance-based schemes the landlord or agent keeps the
deposit, and pays a fee to the scheme to insure against their failure to
repay money due to the tenant. Within 14 days of taking the deposit, the
landlord or agent must provide the tenant with details of how the
deposit is being protected including:
• The contact details of the tenancy deposit scheme selected
• The landlord or agent’s contact details
• How to apply for the release of the deposit
• Information explaining the purpose of the deposit
• What to do if there is a dispute about the deposit
Tenants also have a responsibility to return the property in the same
condition they took it on. To reduce the likelihood of disputes it is
recommended that the following actions are taken before signing the
tenancy agreement:
• Agree a detailed list of contents (furniture and fittings)
• Record the condition of the property and its content (photographs are
a good idea)
• Agree expectations of cleaning and wear and tear at the end of the tenancy
• Understand the circumstances in which the landlord or agent could have
a claim on the deposit
Moving Out
At the end of tenancy, the condition and contents of the property should
be checked against the tenancy agreement. The landlord or agent should
agree with the tenant how much of the deposit will be returned. The
agreed amount should be received by the tenant within 10 days.
Scheme Providers
There are three government-authorised tenancy deposit schemes offering
tenancy deposit protection. Landlords and agents should find out about
these schemes and their legal obligations before taking a tenancy deposit.
There is one custodial scheme:
The Deposit Protection Service:
www.depositprotection.com
tel: 0870 707 1707
and two insurance-based schemes:
Tenancy Deposit Solutions Ltd
www.mydeposits.co.uk
email: info@mydeposits.co.uk
The Tenancy Deposit Scheme
www.tds.gb.com
tel:0845 226 7837
Resolving Disputes
If no agreement can be reached about how much of the deposit should be
returned, there will be a free service, offered by the scheme protecting
the deposit, to help resolve disputes. The disputed part of the deposit
will be held by the scheme until the dispute is resolved. What happens
if you do not secure a tenant’s deposit?
The tenant can apply to the local county court. The court can order the
landlord or agent to either repay the deposit to the tenant or protect
it in a scheme. If the landlord or agent has not protected the deposit,
and they fail to do so within 14 days, they will be ordered to pay the
tenant three times the amount of the deposit.
Procedures and terms of business for
managed lettings
- We will take details and colour photographs of the premises.
- Advertising in the local press.
- Displayed in the office, office window and website.
- Fully employed people only unless previously discussed.
- Check references of the tenants.
- Draw up a short-hold tenancy
- Bond and first month’s rent must be paid before occupation.
- Set up a standing order
- Take responsibility for the day to day management of the property
including arranging for any general repairs required to be done
by our contactor or contractor of your choice.
- Carry out an inventory including Schedule of Condition at the
start and end of tenancy.
- Inspect property periodically at Landlord’s request.
- Advise necessary utility companies of meter readings for new
customers.
- Collection and processing of monthly rents from tenants and
issuing a monthly statement to landlord..
- Check tenants out of the property at the tenancy end, and assess
any damage before the bond is returned.
- Issue a notice to quit if required.
- Pursue any outstanding rent.
- We cannot accept any responsibility for any damage to the property
or loss of rent.
- If instructions and details have been taken, and subsequently
withdrawn from our agency within two months, a charge of £40
will be made.
- A sole agency for the first two months..
Prior to letting
- From the 1st October 2008 if you are renting out your propertry it will
be a legal requirement to have an energy performance certificate before
the tenants can move into the property. These certificates are valid for
ten years. This does not affect exisiting tenants.
- Landlords are to ensure that all services i.e. Gas, Electric and Water are connected
at the commencement of each let and that the agent is informed of utility
providers.
- Landlords must present their property to the agent in a clean, neat and tidy condition
or alternatively we will undertake the cleaning at an approximate cost
of £50.00.
- Gardens should be left in a neat and tidy condition before a let.
- Please ensure that your mail is redirected before commencement of the let
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Procedures and terms of business for non-managed
lettings
- We will take details and colour photographs of the premises.
- Advertising in the local press.
- Displayed in the office, office window and website.
- All viewing will be accompanied.
- Fully employed people only unless previously discussed.
- Check references of the tenants.
- Draw up a short-hold tenancy
- Bond and first month’s rent must be paid before occupation.
- Carry out an inventory including a Schedule of Condition at the start of the
tenancy.
- If instructions and details have been taken, and subsequently withdrawn from our agency
within two months, a charge of £40 will be made.
- A sole agency for the first two months.
- We cannot accept any responsibility for damage to the property or loss
of rent.
Prior
to letting
- From the 1st October 2008 if you are renting out your propertry it will
be a legal requirement to have an energy performance certificate before
the tenants can move into the property. These certificates are valid for
ten years. This does not affect exisiting tenants.
- Landlords are to ensure that all services i.e. Gas, Electric
and Water are connected at the commencement of each let and that
the agent is informed of utility providers.
- Landlords must present their property to the agent in a clean,
neat and tidy condition or alternatively we will undertake the
cleaning at an approximate cost of £50.00.
- Gardens should be left in a neat and tidy condition before a
let.
- Please ensure that your mail is redirected before commencement
of the let.
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Property Mis-Descriptions Act 1991
It is recommended that all the information contained in
these Sales/Rental details is confirmed by the purchaser on inspection.
In respect of services, fixtures and fittings including the electrical
installation and central heating, the information contained in these
particulars refers to items within the premises and no warranty is
given or implied as to their working condition or servicability. We
recommend that prior to the purchase of the property both the electric
and heating systems are inspected by a qualified engineer.
In respect of a rental property a valid Landlord's Gas Certificate
will be provided.
These
particulars are meant merely as a guide and do not form a contract.
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