Tenancy deposit schemes


Published by a ³ÉÈËÓ°Òô Property Disputes expert
Practice notes

Tenancy deposit schemes


Published by a ³ÉÈËÓ°Òô Property Disputes expert

Practice notes
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All deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England must be protected by a tenancy deposit scheme (TDS). The parties to an AST cannot contract out of the obligations.

There are two types of TDSs: insurance-based schemes and custodial schemes. They are intended to:

  1. •

    allow tenants to get all or part of their deposit back when they are entitled to it and make any disputes easier to resolve

  2. •

    encourage landlords and tenants to make a clear agreement from the start on the property's condition so that a landlord is not left out of pocket when a tenancy expires and the tenant leaves

It is for the landlord, as opposed to the tenant, to choose which scheme to use.

Deposits taken by landlords in Wales in connection with an occupation contract are governed by the Renting Homes (Wales) Act 2016 and are not covered by this Practice Note.

See Practice Notes: Renting Homes (Wales) Act 2016—a summary of the key provisions and Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Deposits definition
What does Deposits mean?

This is a type of regulated investment as defined in article 74 of the regulated activities order.

Read more

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