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Frequently Asked Questions
What is a Tenancy Deposit?
A tenancy deposit is a sum of money which a landlord requires a tenant to pay at the start of the tenancy or which the landlord holds over from a previous tenancy with the same tenant. The money is security, in case the tenant does not meet their obligations in connection with the tenancy.
Is my Tenancy an Assured Shorthold Tenancy?
An assured shorthold tenancy is the normal tenancy for renting from a private landlord. The key features of an AST are:
it began on or after 15 January 1989;
the annual rent does not exceed £100,000;
the house or flat is let as separate accommodation; and
it is the tenant’s main home.
This is defined by the Housing Act 1988 (as amended).
What is Prescribed Information?
The landlord or agent must provide the tenant(s) and any one who paid the deposits on behalf of the tenant (classed as ‘relevant persons’) with specific details of the deposit protection and a leaflet explaining how TDS works. This is called prescribed information. It must be issued within 30 days of receiving the deposit.
Should my Deposit be Protected?
Deposits need to be protected on the standard type of tenancy with private landlords, called an ‘assured shorthold tenancy’.
Other types of tenancy do exist, so check the paperwork if you’re not sure. If you are a lodger (living with the landlord and renting a room) it is not an AST and the deposit doesn’t need to be protected.
How long does it take to check if my deposit has been protected?
If you can provide all the information on the call, the check takes 30 seconds to complete. For peace of mind and the possibility of using a mediation service when you leave, is 30 seconds too much time to ask?
How much compensation will I get?
Your Deposit is used to value your compensation.
This will be between 1 & 3 times the amount of your deposit plus any multiple breaches.
You could claim up to £20,000