Tenant Deposit Protection
LOCALISM ACT 2011
Under the Localism Act 2011 tenancies created on or after 6th April 2012 will require the landlord to not only return the tenancy deposit to the tenant but pay the tenant one to three times the deposit amount in compensation if the deposit has not been protected. If the landlord does not do this then the tenant can sue for up to 6 years for the deposit and up to three times the deposit value.
HOUSING (TENANCY DEPOSITS) (PRESCRIBED INFORMATION) ORDER 2007
This Act requires the landlord to supply the tenant with prescribed information regarding any tenancy deposit that is required to be dealt with under either a) the custodial or b) the insurance backed tenancy deposit schemes, both of which can be found here.
Key parts of the Act are:
- The operation of the provisions contained in s212 (tenancy deposit schemes);
- s213 (requirements relating to tenancy deposits) and s214 (proceedings relating to tenancy deposits);
- s215 (sanctions for non-compliance);
- Schedule 10 of the 2004 Act (provisions relating to tenancy deposit schemes).
This must also be accompanied by a copy of the Scheme’s Tenant’s Leaflet and a copy of the Deposit Protection Certificate (which must be signed by the Landlord/Agent) which gives most (but not all) of the prescribed information and which must be signed by the landlord/agent.
HOUSING ACT 2004
Landlords must be able to provide proof that the tenancy deposit has been protected in one of the three government-approved deposit protection schemes (2 insurance-based and 1 custodial-based which can be found here.
This Act also introduced the Housing Health and Safety Ratings System which is the predominant mechanism for measuring standards with the PRS.