Tudor Estate Agents - Surveyors and Property Managers

Chwilio am Eiddo

There is no translation available.

Holding Deposit Policy

Before accepting a holding deposit, we will provide the required written information in accordance with the Renting Homes (Fees etc.) (Wales) Act 2019. This includes details of the proposed occupation contract, rent, deposit, and any conditions.

Once the holding deposit is paid:

You will have 15 calendar days to enter into the occupation contract, unless a longer period is agreed in writing. This is known as the deadline for agreement.
If the contract is signed within this period, the holding deposit will be applied toward the security deposit or first rent payment.
If the landlord or agent decides not to proceed, the holding deposit will be refunded in full.
The holding deposit may be retained if:
- You withdraw from the application.
- You fail to take reasonable steps to enter the contract.
- You provide false or misleading information.

Note 1 Holding Deposit:

Please note: The holding deposit offer is valid for 48 hours from the time this message is sent. If we do not receive confirmation and payment within that time, the property may be offered to other applicants. Once payment is received, you will receive an email from our referencing provider with a link to complete the full application process. Please complete this promptly to avoid delays.

The agreed holding deposit will be held by Tudor Estate Agents in our protected client account. If you enter into the occupation contract, the holding deposit will be refunded or, with your agreement, applied towards the first month’s rent or security deposit.

If you decide not to proceed with the tenancy or if we are unable to grant you a tenancy, the holding deposit will be refunded unless one of the exceptions outlined in the Renting Homes (Fees etc.) (Wales) Act 2019 applies.

Deadline for Agreement: You are expected to enter into the occupation contract by the 15th day following payment of the holding deposit, unless a different deadline is agreed in writing. If this deadline passes without reasonable steps being taken, the holding deposit may be retained.

Please refer to our website for full details of our holding deposit policy.

Note 2 General Data Protection Regulations:

We will collect and process your information in accordance with the General Data Protection Regulations.

By paying the Holding Deposit, you confirm your consent for your personal and financial details to be shared with relevant third parties for the purpose of conducting reference checks. This processing of data is carried out in accordance with UK GDPR and applicable data protection legislation. A link to our full privacy policy is available upon request.

There is no translation available.

Holding Deposit Policy

Once the holding deposit is paid:

You will have 15 calendar days to enter into the occupation contract, unless a longer period is agreed in writing. This is known as the deadline for agreement.
If the contract is signed within this period, the holding deposit will be applied toward the security deposit or first rent payment.
If the landlord or agent decides not to proceed, the holding deposit will be refunded in full.
The holding deposit may be retained if:
You withdraw from the application.
You fail to take reasonable steps to enter the contract.
You provide false or misleading information.

There is no translation available.

The Renting Homes (Wales) Act 2016 comes into force on 1 December 2022.

The implementation of this Act has an impact on all existing tenancies, all new tenancies after 1st December 2022 along with other obligations on all parties including us as Agents.

Comment

We are already working on compliance to ensure that all Landlords and Tenants (Called Occupiers after 1st December) will comply.

Existing tenancies (and licence) will convert automatically to occupation contracts. Assured Shorthold Tenancies (AST) will become 'Standard Contracts'.

All new 'contracts' (what we all called tenancies) from 1 December will require a written statement (agreement) within 14 days of occupation, this is a new contract and sets out all of the usual occupancy conditions and obligations.

For all existing tenancies: a written statement of converted contract must be given by 1 June 2023 - issue a new contract within six months of implementation of the Act.

Key features of the 2016 Act

Fitness fit for human habitation obligation on landlords
Addresses retaliatory eviction
More flexible arrangements for joint contracts
Increased notice period for a rent increase
No mandatory ground for eviction for serious rent arrears in secure contract
Enhanced succession rights
Simplified procedure to repossess abandoned dwellings
Creates a tenure specific to supported accommodation

Fitness for Human Habitation

Fitness for Human Habitation

Based on existing 29 hazards under HHSRS, plus CO detectors, hard-wired smoke detectors and electrical safety testing at least every five years

Applies generally from 1 December but requirements for hard-wired smoke detectors and electrical safety testing won’t apply until 1 December 2023

Guidance being updated to allow for an Electrical Installation Certificate on a new-build within previous five-years to count as ‘electrical condition report’ under the regs.

Guidance available at: Fitness of homes for human habitation: guidance for landlords | GOV.WALES

Fact sheet about Fitness for Human Habitation fact sheet

Renting Homes (Wales) Act 2016 Fitness for Human Habitation and repair obligations

CONTEXT
In 2014, the Housing (Wales) Act was introduced to regulate the private rented sector in Wales, replacing UK-wide provisions from the Housing Act 1985 and 1988. The Act led to the introduction of Rent Smart Wales in November 2015 which set out standards and obligations for landlords and agents to follow.

THE CHANGES

Renting Homes (Wales) Act 2016 received Royal Assent on 18 January 2016 which provides additional obligations for landlords and letting agents around the condition of their properties. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 and subsequent amendments provide further details on the new obligations.

WHAT THIS MEANS

From 1 December 2022, landlords and letting agents will have an obligation to ensure that property they let is both in repair and fit for human habitation as defined by the Renting Homes (Wales) Act 2016 and the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022.

ELIGIBILITY

The regulations require landlords under a secure contract, a periodic contract or a fixed term standard contract made for a term of less than seven years to ensure that their rented property is fit for human habitation and in a good state of repair.

WHAT YOU NEED TO DO

Landlord’s obligation to keep the property in repair

Landlords must always keep the dwelling in repair and ensure that the structure and exterior of the building along with all service installations in the property are kept in repair.

For properties that only form part of a building, this rule only applies for the exterior and service installations where the landlord has an estate or interest, and service installations that are owned by the landlord.

Repairs must be conducted within a reasonable time frame and to a reasonable standard as soon as the landlords is aware of the need for repairs.

NOTE: When the repair is not the fault of the tenant, the landlord cannot place any obligation on the tenant such as to carry out the repairs or to contribute to the cost.

Fitness for Human Habitation

From the start and throughout the duration of the Occupation Contract, the landlord must ensure their property is fit for human habitation. This includes resolving any of the circumstances under the “Determining fitness for human habitation heading” and preventing any likelihood of any of them occurring.

NOTE: This responsibility extends to the common parts of a property and where landlord is the owner of or is responsible for them.

Determining Fitness for Human Habitation

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 provides 29 matters and circumstances that must be considered when determining whether a dwelling is fit for human habitation. These are based on the Housing Health and Safety Rating System and are:
1. Exposure to house dust mites, damp, mould or fungal growth
2. Exposure to excessively low temperatures
3. Exposure to excessively high temperatures
4. Exposure to asbestos and manufactured mineral fibres
5. Exposure to chemicals used to treat timber or mould growth
6. Exposure to carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke
7. The ingestion of lead
8. Exposure to radiation
9. Exposure to uncombusted fuel gas
10. Exposure to volatile organic compounds
11. A lack of adequate space for living and sleeping
12. Difficulties in keeping dwelling secure against unauthorised entry
13. A lack of adequate lighting
14. Exposure to noise
15. Poor design, layout or construction such that the dwelling cannot readily be kept clean
a. Exposure to pests
b. Inadequate provision for the hygienic storage and disposal of household waste
16. Inadequate provision of facilities for the storage preparation and cooking of food
17. Inadequate provision of facilities for maintaining good personal hygiene, sanitation and drainage
18. An inadequate supply of water free from contamination, for drinking and other domestic purposes
19. Inadequate provision to minimise the risk of falls associated with toilets, baths, showers and other washing facilities.
20. Inadequate provision to minimise the risk of falling on a surface
21. Inadequate provision to minimise the risk of falling on stairs, steps or ramps
22. Inadequate provision to minimise the risk of falling from one surface to another (such as falling from height
23. Exposure to electricity
24. Exposure to uncontrolled fire and associated smoke
25. Risk of contact with controlled fire or flames and hot objects, liquid or vapours
26. Risk of collision with, or entrapment of body parts in doors, windows or other architectural features
27. Risk of an explosion at the dwelling
28. Poor accessibility or operation of amenities, fittings and equipment
29. Risk of structural collapse of whole or part of the dwelling, including falling elements.

NOTE: In addition to this, the fitness for human habitation regulations establishes requirements for landlords to meet minimum electrical safety as well as smoke and carbon monoxide alarm standards.

Smoke alarms
Landlords must ensure that, during each period of occupation, there is at least one smoke alarm on each floor of the property.

The smoke alarm must be in proper working order, connected to the property’s electrical supply and linked to every other smoke alarm in the property which is connected to the electrical supply.

NOTE: Landlords with properties with new contracts beginning on or after 1 December 2022 will need to comply with the smoke alarm rules. For tenancies which existed before 1 December 2022, landlords will have 12 months to comply with these requirements (by 1 December 2023).

Carbon monoxide alarms

Landlords must ensure that a carbon monoxide alarm is in proper working order in any room (including a hall, landing or corridor) which has a gas appliance, oil fired combustion appliance or solid fuel burning combustion appliance installed.

NOTE: Gas appliance means an appliance designed for use by someone of gas heating, lighting, cooking but does not include a portable or mobile appliance supplied with gas from a cylinder or an appliance which the Contract Holder is entitled to remove from the property under the terms of the Occupation Contract.

It is advised that carbon monoxide alarms are placed below any smoke/fire alarms and are replaced more regularly due to being more fragile than smoke alarms.

The Regulations do not stipulate whether the carbon monoxide alarms should be battery powered or connect to the property’s electrical supply.

NOTE: There is no statutory duty on when alarms should be tested but it is recommended that they are tested when repairs are taking place or when other electrical testing is taking place in the dwelling.

If any of the alarms are not in place or not in working order, the dwelling will be considered unfit for human habitation.

NOTE: The requirements for carbon monoxide alarms apply to all Occupation Contracts from 1 December 2022.

Electrical safety

Landlords are required to have the electrical installation of the property tested every five years unless specified with the Electrical Inspection Condition Report. The test must be conducted by a qualified person e.g., a registered electrician and the report is valid until the end of the five-year period beginning with the day on which the electrical safety inspection
was carried out.

NOTE: A copy must be handed to the tenant before 14 days passes after the occupation date, with the tenant informed if any investigatory or remedial work needs to be done. Once this work has taken place written confirmation must be provided to the Contract Holder.

If an inspection takes place during the tenancy, the tenant must receive a copy of the report within 14 days that the inspection was completed. Similarly, the tenant must be informed of any works that will need to take place within 14 days of the landlord receiving confirmation.

NOTE: An Electrical Installation Condition Report on a new-build within the previous five-years counts as an electrical safety report for the purposes of these regulations.

Failure to meet these requirements will lead to the dwelling being unfit for human habitation.

NOTE: For new contracts which begin on or after 1 December 2022 landlords will need to ensure properties, they let comply with the electrical safety rules. For tenancies which existed before 1 December 2022 landlords will have 12 months to comply with these requirements (by 1 December 2023).

WHAT YOU NEED TO BE AWARE OF

Relevant definitions
• Structure and exterior of a dwelling - include the drains, gutters and external pipes
• Service installations - refer to appliances that are used for the supply of water, gas or electricity, sanitation and for space heating (including heating water)
• Standard of repair - is defined as “that which is reasonable having regard to the age and character of the dwelling, and the period during which the dwelling is likely to be available for occupation as a home”.
• Electrical safety standards – mean the standards for electrical service installations set out in the eighteenth edition of the Wiring Regulations set out as British Safety Standards BS 7671:2018+A2:2022

Right of access to dwellings

A landlord has the right to entry to inspect the condition and state of repair or to carry out works or repairs to comply with their obligations.

NOTE: The landlord must provide at least 24 hours’ notice to the tenant before exercising their right of access.

If the landlord requires access to another part of the building that they need to carry out repairs to but are unable to gain the right to access it, they are not liable for failing to comply with their repair obligations.

ENFORCEMENT

If a tenant suffers a personal injury, loss of or damage to personal property because of a landlord failing to meet their obligations, the tenant has the right to bring in proceedings in respect of the injury, loss, or damage.

NOTE: A lodger or sub-holder may only do this if they are allowed to live in the dwelling or if a sub-occupation contract is made.

The courts may order a landlord to undertake repairs due to a breach of their repairing obligation, even if a rule in common law might otherwise limit any legal action that can be enforced against the landlord.

EXEMPTIONS

There are various situations where a landlord is exempt from their responsibility to repair or ensure that the dwelling is fit for human habitation in the following circumstances:
• If the landlord cannot meet their duties within incurring unreasonable expense
• A landlord is not required to rebuild or reinstate the dwelling or any part of it that was damaged or destroyed by a fire, storm, flood or other inevitable accident (relevant cause)
• If the dwelling is unfit or in need of repair due to the action, inaction or lack of care on behalf of the tenant or any other permitted occupier
• A landlord is not required to keep in repair anything that the tenant is entitled to remove from the dwelling
• The landlord’s obligations are only applicable at the point when the landlord becomes aware that works or repairs are necessary
• If a new landlord is taking over control of the property from a previous one, they are only liable after they are aware of the need for repairs or works and from the date of the transfer

TIMESCALES

All the rules regarding fitness for human habitation and the repair obligation come into force on 1 December 2022.

NOTE: The only exemptions are for laws affecting smoke alarms (not including carbon monoxide alarms) and electrical safety requirements for tenancies which existed before 1 December 2022. For these tenancies, landlords will have 12 months to comply with the smoke alarm and electrical safety requirements however all new contracts from 1 December 2022 will still have to comply with the regulations.

Brining a tenancy to an end

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FOR LANDLORDSIThe Renting Homes (Wales) Act 2016

The Renting Homes (Wales) Act 2016 simplifies how you rent properties. There are two types of landlord under Act:

community landlords (primarily local authorities and registered social landlords); and
private landlords (all other landlords).

Tenants and licensees are called ‘contract-holders’ under the Act. Contract-holders will have an ‘occupation contract’ (which replaces tenancy and licence arrangements).

There are two types of occupation contract:

Secure contract: For use by community landlords.
Standard contract: This is the default contract for the private rented sector (PRS), but can be by local authorities and RSLs in certain circumstances (e.g. a ‘Supported standard contract’ within supported accommodation).

There are four types of terms that can feature in occupation contracts:

Key matters: The names of the parties and address of the property. These must be inserted in every contract.
Fundamental Terms: Cover the most important aspects of the contract, including the possession procedures and the landlord’s obligations regarding repair.
Supplementary Terms: Deal with the more practical, day to day matters applying to the occupation contract, for example, the requirement for a contract-holder to notify the landlord if the property is going to be empty for four weeks or more.
Additional Terms: Addresses any other specifically agreed matters, for example a term which relates to the keeping of pets. Any additional terms must be fair, as required by the Consumer Rights Act 2015.

We will be required to issue a ‘written statement’ of the occupation contract to all contract-holders (this will replace your current tenancy or licence agreement). The written statement must contain all the terms of the contract.

For new rentals after the implementation date, the written statement must be issued within 14 days of occupation under the contract. Existing tenancy agreements will ‘convert’ to the relevant occupation contract on the day of implementation, and landlords have a maximum of six months to issue a written statement of the converted occupation contract to their contract-holders. The written statement can be issued in hardcopy or, if the contract-holder agrees, electronically.

Ending occupation contracts

Where the contract-holder has breached the occupation contract the minimum notice period that must be given is one month. This notice period can be shorter where it relates to a breach of the anti-social behaviour or the serious rent arrears terms.

Where a ‘no fault’ notice is issued, the minimum notice period that must be given is six months.

A landlord will not be able to give such a notice until 6 months after the contract starts.

A landlord will not be able to give such a notice unless they have complied with certain obligations, including registration and licensing with Rent Smart Wales and deposit protection rules.

Landlord break clauses will only be able to be incorporated into a fixed term occupation contract if the contract has a fixed term of 2 years or more. A landlord will not be able to exercise a break clause within the first 18 months of occupation.

Repairs and conditions of rented properties

You must ensure properties are fit for human habitation (FFHH). This will include, for instance, electrical safety testing and ensuring working smoke alarms and carbon monoxide detectors are fitted. In addition, rent will not be payable for any period during which the dwelling is not fit for human habitation.

You must keep the structure and exterior of the property in repair and keep installations for the supply of water, gas or electricity, for sanitation, for space heating, and hot water in repair and proper working order.

If a landlord issued a ‘no fault’ possession notice in response to a request for repair (commonly known as retaliatory eviction), the court can refuse to make a possession order and it will not be possible to issue a further ‘no fault’ notice until 6 months later.

Joint contracts

A joint contract-holder will be able to leave a contract without ending the contract entirely.

New joint contract-holders can be added without having to end the current contract and start another one.

Enhanced succession rights

Enables both a ‘priority’ and ‘reserve’ successor to succeed to the occupation contract. This allows two successions to the contract to take place, for example a spouse followed by another family member. In addition, a new succession right for carers is created.

Abandonment

You are able to repossess an abandoned property without needing a court order, after serving a four week warning notice and carrying out investigations to satisfy yourself the property is abandoned.

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RICS Client Money Protection Scheme

Client Money Protection (CMP) is a scheme to provide compensation for landlords and tenants when agents misappropriate clients' and tenants' money.

Tudor Estate Agents is a firm which is registered with RICS for regulation and is therefore subject to the RICS Rules of Conduct.

We have elected to use the RICS's Client Money Protection Scheme so if you are our client, landlord or tenant your funds are protected.

We are also members of ARLA and comply with the ARLA Client Money Protection Procedures and Policies (CMP) - see the ARLA document on CMP >here.

Handling of Client Money

All TUDOR Client Monies are held in Client Money Accounts with HSBC

The RICS Scheme stipulates that we must:

maintain one or more Client Money Accounts into which all Client Money of the Member is paid; √
that our Client Money Account must be designated as such and easily distinguished from other accounts of the Member; √
all clients of the Member must be advised that Client Money will be held in a Client Money Account and be notified of the details of that account; √
confirm in writing with the bank with which it holds a Client Money Account that the bank acknowledges that monies in the Client Money Account must not be combined with, or transferred to, any other account maintained by the Member and the bank shall not be entitled to exercise any right of set up or counterclaim against money in that Client Money Account in respect of any sum owed to it in respect of any other account of the Member firm; √
keep records and accounts which show all dealings with Client Money, and demonstrate that all Client Money held by the firm is held in a Client Money Account. √

As regards handling Client Money, the RICS scheme stipulates that we must:

have and comply with written procedures for handling Client Money, which must comply with any RICS requirement to which the above rule refers; √
publish their procedures for handling Client Money on their website (if any); √
provide a copy of their procedures for handling Client Money to any person who may reasonably require a copy, free of charge; √
keep records and accounts that show all dealings with Client Money; √
repay any Client Money, including where feasible any interest earned, without delay if there is no longer any requirement to retain that money or the relevant client requests it; √ and
hold and maintain professional indemnity insurance cover that is appropriate for the Member's size, income, type of work and the amount of Client Money held. √

In addition to the specific provisions set out in above Rules, the Scheme Administrator may from time to time issue advice and guidance as to how RICS Registered Firms should best comply with RICS Rules of Conduct, which may include guidance to, or prescription of additional required procedures for, RICS Client Money Protection Registered Firms which are members of the Scheme relating to key aspects of best practice as to the handling of Client Money.

RICS Certificate of Client Money Protection Scheme

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The tenancy deposit:

We as your Agent will request a deposit from the tenant for the following purposes:-

Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are the responsibility of the landlord.
The reasonable costs incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant's obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings.
Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable.
Any rent or other money due or payable by the tenant under the tenancy agreement of which the tenant has been made aware and which remains unpaid after the end of the tenancy.

Tudor Estate Agents is a member of the Tenancy Deposit Scheme, which is administered by:

The Dispute Service Ltd, PO Box 1255, Hemel Hempstead, Herts. HP1 9GN phone 0845 226 7837 fax 01494 431 123 email deposits@tds.gb.com

See the leaflet about the Deposit here

If we are/ the Agent is instructed by you/the Landlord to hold the Deposit, we/ the Agent shall do so under the terms of the Tenancy Deposit Scheme.

The Agent holds tenancy deposits as Stakeholder (.if not already specified within the Tenancy Agreement).

At the end of the tenancy covered by the Tenancy Deposit Scheme

1 If there is no dispute we/the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.

2 If, after 10 working days* following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B 4.3 below) be submitted to the I Independent Case Examiner (E f)or adjudication. All parties agree to co-operate with any adjudication.

3 The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.

4 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.

5 If there is a dispute I/we must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or I/we want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline me/us.

6 The Agent/we must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

Dealing with disputes from non-ASTs: The Independent Case Examiner (ICE) may agree to resolve any disputes over the allocation of these deposits, by arrangements. If he does:-

ICE will propose what he considers the most effective method of resolving the dispute.
Landlord, tenant and agent must consent in writing his proposal.
Disputes will be subject to a fee of £500 + VAT, or 10% of the deposit + VAT, whichever is greater.
The resolution process will not start until the parties' consent, the disputed amount and the fee have been submitted.

Incorrect Information

The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the landlord agrees to reimburse and compensate the Agent for all losses suffered.

Landlord independently holding deposit outside TDS

If you/the landlord decide(s) to hold the deposit yourself in relation to an Assured Shorthold Tenancy, we will transfer it to you within 5 days of receiving it. You/the landlord must then register it with another Tenancy Deposit Protection Scheme within a further 25 days if the tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you/the landlord in the County Court. The Court can make an order stating that you/the landlord must pay the deposit back to the Tenant or lodge it with a custodial scheme which is known as the Deposit Protection Service. In addition a further order will be made requiring you/the landlord to pay compensation to the Tenant of between one and three times the amount of the Deposit.

If a landlord fails to meet the initial requirement to protect the deposit, no Section 21 Notice can be served until either the landlord returns the deposit to the tenant in full or with such deductions as the tenant agrees; or if the tenant has taken proceedings against the landlord for non-protection and those proceedings have been concluded, withdrawn or settled (for example, by the court awarding damages being the return of the deposit or a fine not more than three times the value of the deposit).

If a landlord fails to serve Prescribed Information (s)he cannot serve a Section 21 Notice until the Prescribed Information has been served - but this can be more than 30 days after receiving the deposit. This will not prevent a tenant from issuing proceedings for late provision of the Prescribed Information and seeking a penalty award.

Tenants can make an application to a county court for a penalty award even where the tenancy has ended, and can do so for up to six years.

If you/the Landlord decide(s) to hold the deposit and the Tenancy is an Assured Shorthold Tenancy you/the landlord must specify to us/the Agent prior to the start of the Tenancy under which other Tenancy Deposit Solutions you/the landlord must provide proof of membership, together with a copy of the insurance policy before the Deposit can be released. If the Deposit is to be sent to the custodial scheme known as the Deposit Protection Service (DPS) we/the Agent will forward the Deposit to the DPS and register the details of the Tenancy on your behalf OR give you a cheque for the amount of the deposit made payable to the DPS for you to forward within 25 days.

There is no translation available.

Tenancy Deposit Scheme is a government approved tenancy deposit protection scheme in England and Wales operated by TDS, the UK’s leading provider of deposit protection and resolution services.

There is a legal requirement for landlords and letting agents to protect deposits paid bt contract-holders (tenants).

Tenancy Deposit Scheme is the longest running government-approved deposit protection scheme backed by RICS, Propertymark, and the NRLA. We are the only not-for-profit scheme, so we can reinvest for the industry and our customers.

We will request a deposit from the contract-holder (tenant) which will be registered with TDS, for the following purposes:-

Any damage, or compensation for damage, to the premises its fixtures and fittings or for missing items for which the tenant may be liable, subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy, insured risks and repairs that are the responsibility of the landlord.
The reasonable costs incurred in compensating the landlord for, or for rectifying or remedying any major breach by the tenant of the tenant's obligations under the tenancy agreement, including those relating to the cleaning of the premises, its fixtures and fittings.
Any unpaid accounts for utilities or water charges or environmental services or other similar services or Council Tax incurred at the property for which the tenant is liable.
Any rent or other money due or payable by the tenant under the tenancy agreement of which the tenant has been made aware and which remains unpaid after the end of the tenancy.

TDS Logo We are members of the Tenancy Deposit Scheme, which is administered by:

The Dispute Service Ltd
West Wing First Floor The Maylands Building
200 Maylands Avenue,
Hemel Hempstead,
England, HP2 7TG

Phone 0300 037 1001
e-mail - info@propertyredress.co.uk
Website: https://www.propertyredress.co.uk

The Property Redress Membership Number: PRS011526

If we are/ the Agent is instructed by you/the Landlord to hold the Deposit, we/ the Agent shall do so under the terms of the Tenancy Deposit Scheme.

The Agent holds tenancy deposits as Stakeholder (.if not already specified within the Tenancy Agreement).
At the end of the tenancy covered by the Tenancy Deposit Scheme

If there is no dispute we/the Agent will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties.
If, after 10 working days* following notification of a dispute to the Agent/Member and reasonable attempts have been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will (subject to B 4.3 below) be submitted to the I Independent Case Examiner (E f)or adjudication. All parties agree to co-operate with any adjudication.
The statutory rights of either you/the Landlord or the Tenant(s) to take legal action against the other party remain unaffected.
It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so seek the decision of the Court. However, this process may take longer and may incur further costs. Judges may, because it is a condition of the Tenancy Agreement signed by both parties, refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding.
If there is a dispute I/we must remit to The Dispute Service Ltd the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 10 working days of being told that a dispute has been registered whether or not you or I/we want to contest it. Failure to do so will not delay the adjudication but The Dispute Service Ltd will take appropriate action to recover the deposit and discipline me/us.
The Agent/we must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute.

Dealing with disputes from non-ASTs: The Independent Case Examiner (ICE) may agree to resolve any disputes over the allocation of these deposits, by arrangements. If he does:-

The ICE will propose what he considers the most effective method of resolving the dispute.
Landlord, tenant and agent must consent in writing his proposal.
Disputes will be subject to a fee of £500 + VAT, or 10% of the deposit + VAT, whichever is greater.
The resolution process will not start until the parties' consent, the disputed amount and the fee have been submitted.

Incorrect Information

Landlord independently holding deposit outside TDS

If you/the landlord decide(s) to hold the deposit yourself in relation to an Assured Shorthold Tenancy, we will transfer it to you within 5 days of receiving it. You/the landlord must then register it with another Tenancy Deposit Protection Scheme within a further 25 days if the tenancy is an Assured Shorthold Tenancy. If you fail to do so the Tenant can take legal action against you/the landlord in the County Court. The Court can make an order stating that you/the landlord must pay the deposit back to the Tenant or lodge it with a custodial scheme which is known as the Deposit Protection Service. In addition a further order will be made requiring you/the landlord to pay compensation to the Tenant of between one and three times the amount of the Deposit.
If a landlord fails to meet the initial requirement to protect the deposit, no Section 21 Notice can be served until either the landlord returns the deposit to the tenant in full or with such deductions as the tenant agrees; or if the tenant has taken proceedings against the landlord for non-protection and those proceedings have been concluded, withdrawn or settled (for example, by the court awarding damages being the return of the deposit or a fine not more than three times the value of the deposit).
If a landlord fails to serve Prescribed Information (s)he cannot serve a Section 21 Notice until the Prescribed Information has been served - but this can be more than 30 days after receiving the deposit. This will not prevent a tenant from issuing proceedings for late provision of the Prescribed Information and seeking a penalty award.

Tenants can make an application to a county court for a penalty award even where the tenancy has ended, and can do so for up to six years.

or here

Chwilio am Eiddo

Holding Deposit

Holding Deposit

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Comment

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Deposits - Information for Landlords

The tenancy deposit:

Incorrect Information

Landlord independently holding deposit outside TDS

Deposits - Information

Tenancy Deposit Scheme is a government approved tenancy deposit protection scheme in England and Wales operated by TDS, the UK’s leading provider of deposit protection and resolution services.