Changes to tenancy deposit rules set to kick in next year

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14th December 2011

Changes to tenancy deposit rules set to kick in next year

From next year, agents and landlords will have 30 days in which to protect a tenant’s deposit, rather than the current 14.

The change is part of ‘tweaks’ made to tenancy deposit protection in the new Localism Act 2011.

These were made following court cases over the rights of a tenant to sue for a breach of the deposit protection legislation or when deposit money was not protected within 14 days, but by the time of a court hearing, the deposit had been protected.

The revised legislation also does away with mandatory penalties of three times the deposit if the deposit is not correctly registered and the ‘prescribed information’ not properly given.

Instead, courts will be allowed to use their discretion to hand out penalties worth between one and three times the value of an unprotected deposit.

The current legislation has had a number of challenges within the courts, which have issued varying rulings – some in favour of tenants and others in favour of landlords.

Welcoming the changes, the chief executive of the Tenancy Deposit Scheme, Steve Harriott, said: “I am pleased the housing minister managed to find the parliamentary time to get these amendments to the legislation through.

“The recent court decisions were causing confusion about tenancy deposit protection regulations. These amendments make it clear that tenancy deposit protection is here to stay.”

Full details of the changes are available in new guidance notes issued by the Tenancy Deposit Scheme which can be seen on www.tds.gb.com

Further guidance for members will be issued when the Commencement Order is published.