Tenancy Deposit Protection - England & Wales - Fd097

TENANCY DEPOSIT PROTECTION - ENGLAND & WALES Prescribed information for the purposes of Section 213(5) of the Housing Act 2004 and in accordance with Statutory Instrument 2007 No. 797, the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 Guidance Notes (Name of Tenant(s))

TO:

(‘the Tenant’) (Name of Landlord(s))

FROM:

(‘the Landlord’) Write in here the date of the payment of the Deposit to the Landlord, the amount of the Deposit and the address of the property. You should also fill in the date of the Tenancy Agreement.

1.

TENANCY DETAILS On £

you paid the sum of (‘the Deposit’) to me/us in respect of your tenancy of

(‘the Tenancy’) The terms of the Tenancy are set out in a Tenancy Agreement dated (‘the Tenancy Agreement’). Put in here the details of the Scheme used. At present there are three Schemes: The Deposit Protection Service (www.depositprotection.com), Tenancy Deposit Solutions Ltd (www.mydeposits.com) and The Tenancy Deposit Scheme (www.thedisputeservice.co.uk)

2.

AUTHORISED TENANCY DEPOSIT PROTECTION SCHEME DETAILS Your Deposit has been protected with an authorised tenancy deposit scheme (‘the Scheme’): Name of the body or person maintaining the Scheme: (‘the Scheme Administrator’) Address:

Telephone number: Email address: Fax number: Write in here the Landlord’s and Tenant’s contact details. If the Tenant provides an address where they can be contacted when the Tenancy ends then insert it here.

3.

CONTACT DETAILS: The Landlord’s contact details are as follows: Address:

Telephone number: Email address: Fax number:

The Tenant’s contact details are as follows: Address:

Telephone number: Email address: Fax number: * [Separate contact details provided by the Tenant for the Landlord and the Scheme Administrators to contact the Tenant at the end of the Tenancy:

* Delete as applicable. Insert details provided by the Tenant for the Landlord to contact the Tenant at the end of the Tenancy.

Address:

Telephone number: Email address: ]

Fax number: Note - if any of the Tenant’s contact details are incorrect the Tenant should inform the Landlord as soon as possible. Insert the details of who should receive the Deposit at the end of the Tenancy. There is the option to leave the Deposit to someone who is not a Tenant. You must only select one of the three options.

4.

RETURNING THE DEPOSIT The Tenant has requested that at the end of the Tenancy the Deposit should be returned to (please select one of the three options below) ■

The Tenant whose details are given above,

or ■ being one of joint tenants, whose contact details are as given for the Tenant above, or ■

(full name) Address:

Telephone number: Email address: Fax number: Write in the clause number in the Tenancy Agreement which deals with deductions from the Deposit.

5.

THE CIRCUMSTANCES UNDER WHICH THE LANDLORD MAY RETAIN ALL OR PART OF THE DEPOSIT The Landlord may make such deductions from the Deposit as are reasonable should the Landlord suffer any loss as a result of the Tenant’s breach of the terms of the Tenancy Agreement. This includes non-payment of any rent lawfully due from the Tenant in respect of the Tenancy. Further details are set out in section

of the Tenancy Agreement.

You must attach to this notice a copy of the Scheme’s terms and conditions and/or any leaflets from the Scheme Administrator. You must list and give the names of all leaflets attached.

6.

OTHER REQUIRED INFORMATION Attached to this notice is: ■

■

The Landlord must read the statement and sign and date.

7.

A copy of the Scheme terms and conditions. This sets out information relating to: •

The operation of the provisions relating to tenancy deposit schemes contained in sections 212 to 215 of, and Schedule 10, to the Housing Act 2004.

•

The procedures that apply under the Scheme by which an amount in respect of a Deposit may be paid or repaid to the Tenant at the end of the shorthold tenancy.

•

The procedures that apply under the Scheme where either the Landlord or the Tenant is not contactable at the end of the Tenancy.

•

The procedures that apply under the Scheme where the Landlord and the Tenant dispute the amount to be paid or repaid to the Tenant in respect of the Deposit.

•

The facilities available under the scheme for enabling a dispute relating to the Deposit to be resolved without recourse to litigation.

The following leaflet(s) published by the Scheme Administrator;

LANDLORD'S CERTIFICATE I confirm that: •

the information provided in this notice and attachment(s) is accurate to the best of my knowledge and belief

•

I have given the Tenant the opportunity to read and sign a copy of this notice

Signed ______________________________________________ Dated ________________ The Tenant and any ‘relevant person’ must read the statement and sign to confirm that the information is correct.

8.

CONFIRMATION BY THE TENANT AND ANY ‘RELEVANT PERSON’ (that is, any person who paid the Deposit on behalf of the Tenant): I confirm that I have been given a notice of which this is a true copy. To the best of my knowledge and belief the information contained in this notice is accurate.

Signed ________________________________________(Tenant) Dated ______________ Signed ________________________________________(Tenant) Dated ______________ Signed ________________________________________(Tenant) Dated ______________ Signed ________________________________________(Tenant) Dated ______________

Signed _________________________________(Relevant Person) Dated _____________ Name _____________________________________________________________________ Address ___________________________________________________________________ __________________________________________________________________________

NOTES The Tenancy Deposit legislation only applies to assured shorthold tenancies and where the Tenancy started on or after 6th April 2007. The legislation does not apply where the Deposit was paid before 6th April 2007, unless a new tenancy agreement is given to the tenants. Extracts of the relevant legislation may be found on the Lawpack website (www.lawpack.co.uk). Authorised tenancy deposit schemes are those authorised in England by the Department of Communities and Local Government or in Wales by the National Assembly for Wales, from whom details may be obtained. Such schemes are also listed on the Lawpack website. The information given in this form must be given to the Tenant, and any person who paid the Deposit on behalf of the Tenant (a ‘relevant person’), within the period of 14 days beginning with the date on which the Deposit is received by the Landlord (or, by implication, the agent acting on behalf of the Landlord). In order to ensure that the legislation is fully complied with, Landlords are recommended to use this form in addition to any form provided by the Scheme Administrator.

© 2007 Lawpack Publishing Limited. This agreement may not be photocopied or reproduced in any form. Lawpack Publishing Limited, 76-89 Alscot Road, London SE1 3AW www.lawpack.co.uk

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