Deposit Protection Schemes: Pitfalls for Landlords

Mark Cummings

Most Landlords take a deposit from tenant, which should be paid into a recognised tenant deposit scheme. At the end of the tenancy the deposit is either returned in full, or the tenant deposit scheme adjudication service decides how much should be returned. 

Many Landlords are not aware of their obligations under the 2004 Housing Act, to give certain information to the tenant. This information includes:

  • the identity of the scheme;
  • any relevant scheme leaflet; and
  • the procedure for applying the deposit at the end of the tenancy. 

Landlords must supply this information within 14 days of receiving the deposit. Failure to do so means the Landlord cannot rely on a notice seeking possession of the premises, and could face a fine, an Order returning the deposit to the tenant and legal costs.

It is essential that as required by the Act and the Order that the prescribed information is given within the relevant period so as to avoid the above pitfall.

Samuels specialises in dealing with disputes of this nature and we can advise you on this and all other issues affecting your property. Contact us today for a free, no obligation discussion.