Protecting Deposits

Protecting Deposits

Landlords often ask a new tenant to pay one month's hire in advance and a deposit. The deposit is held by the owner until the tenant leaves the property. If there is damage to the property or lease arrears the landlord uses the deposit to cover the costs.

Many landlords fail to protect the deposit. There are two types of authorised deposit schemes available in the UK. They are custodial or insurance based schemes.

Custodial - this type of protection requires the landlord to pay the complete amount of the deposit to a registered scheme. The money is held within the scheme until the tenant leaves the property. Providing there are not any disputes the deposit is paid back to the tenant. Where there's a dispute the scheme uses an adjudicator to arbitrate between landlord and tenant. The adjudicator's choice is usually final.

Insurance - with an insurance type scheme the landlord retains the full deposit. The landlord pays a price for insurance to protect the deposit. The insurance have to be taken with a authorities approved scheme. When the tenant leaves the property the landlord repays the deposit back to the tenant. Insurance type schemes even have an adjudicator service in case there is a dispute. If a dispute does come up the adjudicator will require the owner to pay the full deposit to the scheme while the dispute is investigated.

A landlord has 28 days to register a deposit with either a custodial or insurance type scheme. Info regarding the registration of the deposit should be equipped to the tenant. Under the Housing Act there is a prescribed format for data to be supplied. The owner will be taken to court by the tenant the place the information has not been supplied in the right format. Tenants have the best to go back six years earlier than taking action in opposition to the landlord.

Where the landlord fails to register the bond there are hefty penalties. The owner can be required to pay the tenant a sum 3 times more than the deposit; or they are often required to pay back all lease plus a penalty or the owner could lose the proper to evict the tenant from the property the decision on the penalty is taken by the court.

Some landlords say they don't take deposits they only ask the tenant to pay months hire in advance. If the tenant pays rent month-to-month and the owner always has a float of 1 month's lease this is identical as taking a deposit and the foundations referring to failure to register a deposit will apply.

Currently there are only four approved tenancy deposit schemes. Data may be found on the gov.uk website.

Every time a tenancy is renewed the insurance on the deposit must even be renewed for instance if the landlord has a six monthly Assured Shorthold Tenancy and writes a new tenancy agreement at the end of the six months then the deposit should even be renewed. To save on bills many landlords situation one tenancy for a fixed time period interval with a clause stating the tenancy becomes a monthly contractual tenancy on the finish of the fixed term. By having one tenancy at some stage in the time a tenant is within the property the owner need only pay one price to protect the deposit.

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