Deposit Protection Scheme

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  • Deposit Protection Scheme

    Is anybody else completely baffled out there about the deposit protection scheme??

    Please can someone clarify what I need to give my tenants:

    1. Section 213- of which I no has been discussed before on here, Im sure I can manage to complete that, but I also read that the scheme provides the first part of it and we complete the end bit section G? I however cant find this....
    2. A leaflet regarding the protection scheme, where is this??
    3. Certificate for tenant and landlord to sign-im told this has to be prescribed wording-where can i get this wording from??

    And I think thats about it- but please feel free to add anything else if im wrong!!

    I know this has been discussed a million times but I still do not understand it. Why isnt there a section on their website saying- This is what you give tenants... Is it a big secret?!?!!!!!

    Appreciate your help and advice!!

  • #2
    this is a copy of the email sent to me by DPS

    Thank you for contacting The Deposit Protection Service (DPS)

    The DPS is unable to comment on individual tenancy agreements but has approved the use of the following clause for inclusion within tenancy agreements.

    "The deposit, £ xxx will be protected by The Deposit Protection Service (The DPS) in accordance with the Terms and Conditions of The DPS. The Terms and Conditions and ADR Rules governing the protection of the deposit including the repayment process can be found at www.depositprotection.com"

    The inclusion of this clause in the tenancy agreement simply identifies the scheme under which the deposit will be protected and does not remove the landlord's obligations to provide the prescribed information in accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 following the protection of the deposit.

    The DPS cannot and is not required, however, to deliver all aspects of the information and conditions set out in part (g) Section 2 of the Information Order.

    The Housing Act 2004 makes clear that the responsibility to provide all of the Prescribed information to the Tenants and any Relevant Party associated with the tenancy lies with the Landlord.



    Attached are details of the Prescribed Information that the landlord/agent is required to provide to tenants.





    Prescribed information needed to be supplied by Agents/Landlords

    2.—(1) The following is prescribed information for the purposes of section 213(5) of the Housing Act 2004 (“the Act”)—

    (a) the name, address, telephone number, e-mail address and any fax number of the scheme
    administrator(b) of the authorised tenancy deposit scheme(c) applying to the deposit;

    (b) any information contained in a leaflet supplied by the scheme administrator to the landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act(d);

    (c) the procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy(e) (“the tenancy”);

    (d) the procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy;

    (e) the procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit;

    (f) the facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation; and

    (g) the following information in connection with the tenancy in respect of which the deposit has been paid—
    (i) the amount of the deposit paid;
    (ii) the address of the property to which the tenancy relates;
    (iii) the name, address, telephone number, and any e-mail address or fax number of the landlord;
    (iv) the name, address, telephone number, and any e-mail address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy;
    (v) the name, address, telephone number and any e-mail address or fax number of any relevant person;
    (vi) the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy; and
    (vii) confirmation (in the form of a certificate signed by the landlord) that—
    (aa) the information he provides under this sub-paragraph is accurate to the best of his knowledge and belief; and
    (bb) he has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief.

    clear as mud!!!

    as a LA we are using the Dispute Service Ltd and have provided us with all the necessary info however some clients (non-managed) are using DPS and we still have to ensure the correct info is in the TA.

    Comment


    • #3
      Ok, thanks for that!!

      In part (b) where is the information in a leaflet???

      and where do i get the relevant info for all the parts (c)-(f)??

      Comment


      • #4
        May I refer you to:http://www.landlordzone.co.uk/FAQ/in...d=7&artlang=en which summarises our collective knowledge about such matters at the moment.



        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment

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