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The Tenancy Deposit Scheme is designed to ensure:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

  • All disputes between the tenant and landlord/agent will be easier to resolve.

  • Tenants will get all or part of their deposit back, when they are entitled to it.

  • Landlords and letting agents who do not protect tenancy deposits will have to pay their tenants back, three times the deposit.

When letting a property, a landlord will be given a deposit by the tenants against non-payment of rent or damage to the property. When this tenancy comes to an end, the deposit is returned to the tenants. Any deductions will be made from this amount.

The scheme which came into force on the 6th April 2007 was introduced to ensure all deposits held are protected and disputes about their return are resolved impartially, inexpensively and promptly.

Under the Tenancy Deposit Scheme:

  • Deposits will be protected during the tenancy by a regulated agent.

  • Where there is no dispute at the end of the tenancy, deposits will be returned promptly to the tenant.

  • Where there is a dispute about the return of the deposit, it will be dealt with fairly by the Independent Complaints Examiner (ICE).

If there is a dispute, the agent has 10 days to resolve it. If it is not resolved, any of the parties,  ie landlord, agent or tenant can approach the ICE.

The agent will then transfer the deposit to The Dispute Service Limited, who will make their decision within 10 working days, based on standard and detailed tenancy documentation.

Inventories, check-in and check-out reports are therefore vital to this new process and without them there will be no case to answer.

If there is no report, the tenant will undoubtedly receive his full deposit back and the landlord could be seriously out of pocket in terms of compensation costs. Independent inventories are vitally important and will carry the greatest weight.

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