It was 10 years ago today (6 April 2007) that tenant deposit regulations were introduced. How sad it is, therefore, that so many don’t know that deposit regulations exist and that some landlords are still not adhering to the regulations.
Last year a report stated that 1 in 6 landlords were not protecting deposits, suggesting that £514 million of deposit money was not protected. At our Advice Centres in Hastings, Brighton and Eastbourne it is not uncommon to find that tenants deposits have not been protected.
Tenancy deposit protection rules say landlords must both:
- protect a tenant’s deposit with a tenancy deposit protection scheme
- provide the tenant with information about the scheme used.
There are three scheme providers. Click on the schemes and then put in very basic tenant details and it should show whether deposit is protected.
Landlords can either pay a tenant’s money into the provider’s custodial tenancy deposit scheme or can pay the scheme to insure the money. The landlord has to protect the deposit for the whole time the tenant remains at the same property. If the landlord uses a tenancy deposit protection insurance scheme, they’ll have to renew the insurance if they renew the tenancy or if the tenant stays on after the end of the tenancy’s fixed term. If the landlord pays the deposit into a tenancy deposit custodial scheme, the deposit continues to be protected so long as it remains there.
That five out of six landlords are protecting deposits is a cause to celebrate the deposit scheme’s tenth birthday. Let’s hope it doesn’t take a further ten years before all deposits are protected.