new tennants deposit protection scheme

[thejanegirl]

under the new government tenants deposit protection schemes where the landlord has to by law inform the tenants which of the approved schemes he has chosen to protect the deposit given within 12 days of receiving it, which came into place this month, do existing tenants have the right to make sure the landlord is using one of the approved schemes for their deposit even though it was given before the law change?

[Joa]

no.

[jampot]

What about when a tenancy is renewed? Although no more "deposit money" changes hands, does the landlord AT THAT POINT need to start using such a scheme?

[Joseph White]

Hi Jampot

I have read that if the tenant renews the contract then the landlord is supposed to put it in the scheme of their choice.

Joseph

[blazing-badger]

According to Directgov the TDS will apply:

Replacement tenancy - i.e. a new AST is created between the same landlord and tenant for the same property on substantially the same basis, – TDP will apply to the initial deposit that was paid prior to 6 April 2007.

[Joa]

Originally Posted by blazing-badger

According to Directgov the TDS will apply:

Replacement tenancy - i.e. a new AST is created between the same landlord and tenant for the same property on substantially the same basis, – TDP will apply to the initial deposit that was paid prior to 6 April 2007.

This is worth remembering- do you mind if I try to put it up as a sticky?
Can you post a link, please?

[knoxvillain]

Treatment of Deposits/Existing Deposit Schemes - Communities and Local Government

Q.35 What happens if the tenant renews their contract after 6 April 2007?
If the tenant decides to remain in their existing rented property beyond the initial fixed term of 6 months, how the deposit is treated will depend on how the tenancy is continued:
Periodic tenancy - i.e. the tenancy continues with no new agreement – TDP will not apply, as no new AST will have been created.
Replacement tenancy - i.e. a new AST is created between the same landlord and tenant for the same property on substantially the same basis, – TDP will apply to the initial deposit that was paid prior to 6 April 2007.

TDP doesn't seem to apply in Scotland

[blazing-badger]

I think this is quite important and well worth knowing because this aspect of the TDP has not really been publicised. Most of the publicity has been about new tenancies and I think it's worth reminding tenants that they will be protected when they renew their tenancies.

[rosysparkle]

As long as it's a new fixed term.

I think many landlords and agencies are going to struggle with the timescales through no fault of their own at the moment: the agency for which I work has been a member of the TDSRA (now TDS) for two years, but we don't have our log-in details yet to add tenancy details to the database so we cannot provide the proof to a tenant. If we get the log-in details by Monday we will just about meet the timescales, but if they arrive later, we will be struggling.

We only got the clauses which we have to put in tenancy agreements and our agency terms for landlords yesterday! I had to take stuff home and work on updating the agreements all evening (sadperson).

[Joa]

Rosy- admirable commitment! Your insider info is greatly appreciated. Can you give us any links to TDS websites so we can research for further info?

[rosysparkle]

The (free to use) custodial scheme:

Computershare

The two insurance backed schemes:

TDS -Home (the agency for which I work is a member of this one)

Tenancy Deposit Solutions