Harrogate Borough Council

 
 

Tenancy Deposit Protection

When you start a new tenancy with a private landlord or letting agent and you pay a cash deposit, the landlord or agent must protect your deposit using a Government authorised tenancy deposit scheme.

 
The Government has introduced a new scheme to make sure that your tenancy deposit is protected so that:
  • You get all or part of your deposit back, when you are entitled to it
  • Any disputes between you and your landlord or agent will be easier to resolve
Moving in
At the beginning of a new tenancy agreement, pay your deposit to your landlord or agent as usual. Within 14 days, the landlord or agent is required to give you details of how your deposit is protected, including:
  • The contact details of the tenancy deposit scheme
  • The contact details of the landlord or agent
  • 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
If you do not get this information remember to ask your landlord or agent how your deposit is protected.
Safeguarding your deposit
You have a responsibility to return the property to the landlord or agent in the same condition that it was let to you, allowing for fair wear and tear.
 
Make sure that when you sign your new tenancy agreement, you:
  • Keep a detailed list of contents (furniture and fittings)
  • Record the condition of the property and its contents (photographs are a good idea)
  • Check your tenancy agreement for the circumstances in which your landlord or agent could have a claim on your deposit
  • Keep a record of all your rent payments
  • Tell the landlord or agent about any damage immediately
What happens if the deposit hasn't been protected?
You can apply to your local County Court. The Court can order that your deposit is repaid to you or protected in a scheme. If your deposit has not been protected, your landlord or agent will be ordered to repay three times the amount of your original deposit to you.
Moving out
At the end of your tenancy, check whether you are leaving the property and its contents in the condition in which it was let to you, allowing for fair wear and tear and check that you have paid your rent and other expenses up to date; then agree with your landlord or agent how much of the deposit should be returned to you.
 
You should receive the agreed amount of the deposit from your landlord or agent within 10 days. Your landlord or agent cannot rely on notice only to repossess the property at the end of the tenancy unless your deposit has been protected and you have been advised of the details of the scheme used.
Resolving disputes
When you move out, if you and your landlord or agent cannot agree how much of your deposit should be returned, there is a free dispute resolution service offered by the scheme protecting your deposit. Your landlord or agent should have advised you about this when you signed your tenancy agreement.
Who is running the schemes?
 
There are three tenancy deposit schemes
 
Tenancy Deposit Solutions Ltd (TDSL)
www.mydeposits.co.uk
info@mydeposits.co.uk
 
The Tenancy Deposit Scheme (TDS)
www.tds.gb.com
0845 226 7837
 
The Deposit Protection Service (The DPS)
www.depositprotection.com
0870 707 1 707
 
There are also locally administered schemes that offer a written guarantee in place of a cash deposit, known as Deposit Guarantee Schemes, that are run separately to the national tenancy deposit schemes. For more information visit
www.crisis.org.uk/nrdf/index.php
 
Further information on tenancy deposit protection is available from:
 
Housing Needs
Victoria Park House
18 Victoria Avenue
Harrogate
HG1 5QY
 
Tel: 01423 556809
Fax:01423  556830


Citizens Advice Bureau
Victoria Park House
18 Victoria Avenue
Harrogate
HG1 5QY
 
Tel: 01423 556809
Fax:01423  556830

 

 
Or visit:
 
www.direct.gov.uk/tenancydeposit
 
or telephone the leaflet line on
0845 609 0696
 
Shelter
www.shelter.org.uk/advice
FREE* housing advice helpline 0808 800 4444
Open 8am to midnight 7 days a week
(*some mobile phone numbers may charge for calls to this number)
Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600