Since April 2007, landlords are legally obliged to hold your deposit in a government guaranteed TDP or tenancy deposit scheme. The scheme applies to all assured shorthold tenancies, and will protect your deposit whether it is paid by you, someone else or a rent deposit scheme. It is intended to protect tenants’ rights and secure their deposit monies until the end of the tenancy.
Protection
As long as you abide by the terms of your tenancy agreement and do not damage the property, your landlord must return your deposit within ten days of you both agreeing the amount to be returned. If you dispute the amount your landlord wishes to return to you, the deposit will remain protected until the dispute is resolved.
TDP’s have dispute resolution schemes which help if you disagree with your landlord over the amount of deposit to be returned at the end of the tenancy. Holding deposits are not protected. However, if you make a successful application for the tenancy, they will be protected with the rest of the deposit.
Once you have paid your deposit, your future landlord must supply you with certain information including the details of where your deposit is held, what to do in the event of a dispute, and how to obtain your money at the end of the tenancy. Property agents like http://www.tgres.co.uk/about-us who manage a wide number of properties to rent in Gloucester and the surrounding area, can provide you with more information about the communications you should receive regarding your deposit protection scheme. Most important amongst these will be the conditions under which the landlord would seek to retain some or all of your deposit. Further information is available online.
Disputes
In terms of your tenancy rights, you are entitled to contact one of the secure deposit holding schemes backed by the government, if you do not receive the correct information from your landlord and if you are unsure whether they have deposited your money in a TDP. If your landlord has failed to meet their obligation to protect your money, you have the right to pursue them in court. It is likely the court will order them to repay you, or pay the money into a TDP within 14 days of the order. They may also need to pay you compensation.
