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Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Transparent pricing, from start to finishGet the support you need, when you need itTrusted lawyers, clear expectations
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
If you’re a landlord renting out a property with an assured shorthold tenancy that kicked off after April 6th 2007, you have to put your tenant’s deposit in a tenancy deposit protection scheme by law.
In this guide, we’ll walk you through everything you need to know about staying compliant. We’ll cover:
A tenancy deposit scheme is a government backed scheme that securely holds a deposit and makes sure tenants can get them back quickly if they:
About twenty years ago, there was a major worry that some landlords were holding onto their tenant’s hard-earned deposit for no good reason. So, in 2004, the Housing Act was brought in to fix things up. This legislation had two big goals:
There are two key rules landlords must comply with in relation to deposit protection schemes:
As mentioned, deposit protection schemes are government backed. Therefore, there are only a set few in which a landlord can use to protect a tenant’s deposit. These are:
There are 2 different types of deposit protection schemes:
Custodial Tenancy Deposit Schemes
Custodial tenancy deposit schemes hold the deposit for free and release it back to the tenant when the tenancy comes to an end.
Insured Tenancy Deposit Schemes
In insured deposit schemes a landlord or agent keeps hold of the deposit but pays the scheme to insure it.
When tenants hand over a deposit, within 30 days landlords have to share some important information with them, including:
If you’re in England or Wales, and you’re a landlord dealing with an assured shorthold tenancy, you’ve got to make sure the deposit is protected in a tenancy deposit scheme. This applies even if someone else has paid the deposit on behalf of a tenant.
Tenancy deposits from lodgers or students don’t have to be put in a deposit protection scheme. Nor do they have to be if tenants rent privately and have an assured or protected tenancy.
At the end of a tenancy, landlords and tenants should agree how much of the deposit is being returned and the amount must be returned within 10 days.
But, if landlords and tenants don’t agree on how much of the deposit should be returned, it should be held in the deposit protection scheme until the dispute is sorted out.
If a landlord has used an ‘insured’ deposit scheme, at this point they have to give the deposit to the scheme, who will hold it until an agreement is reached.
If a prospective tenant gives a landlord a holding deposit (that’s money to reserve a property before a tenancy agreement is signed), landlords don’t need to protect it.
As soon as they officially become tenants, that holding deposit transforms into a regular deposit, and it should be protected within 30 days, as well as all the information communicated to the tenant.
If a landlord doesn’t protect a tenant’s deposit, the tenant can apply to a county court.
In extreme cases, a court can order a landlord who hasn’t complied with the rules of protecting a tenant’s deposit to pay up to three times the amount of the original deposit.
They can also rule that tenants don’t have to leave the property at the end of the tenancy.
In other cases, a court may rule that a landlord should return the deposit in full to the tenant in a set time frame, or put the deposit into the bank account of a tenancy deposit scheme within 14 days.
If a landlord or their agent don’t comply with the rules around time limits, they can get hit with financial penalties and in some cases may not be able to use a Section 21 notice to end the tenancy.
These time limits depend on when the landlord was given the deposit.
For deposits received on or after this date, landlords have to protect the deposit and share the required information within 30 days.
If they don’t, a tenant can make a section 214 claim and potentially get compensations that’s one to three times the value of the deposit.
In most cases, a landlord can’t use a section 21 notice to end the tenancy, either.
Between 6th April 2007 and 5th April 2012, landlords or agents had to protect a deposit within 14 days of receiving it, as well as share the necessary information.
For shorthold tenancies that were already rolling by 6th April 2012, landlords had until 6th May 2012 to protect a deposit if they hadn’t already.
If they didn’t do this they can only send out a section 21 notice if they hand back the deposit beforehand.
Even though the law about protecting tenancy deposits kicked in on 6th April 2007, assured shorthold tenancies that started before that date are still covered.
For a fixed term tenancy before 6th April 2007 that turned into a statutory periodic tenancy on or after that date, if a landlord didn’t comply with the rules a tenancy can make a section 214 claim and the landlord can’t use a section 21 notice to end the tenancy in most cases.
If the fixed-term tenancy became a statutory periodic tenancy before 6th April 2007 and it hasn’t been renewed since, section 214 claims may not apply, although in most cases a landlord cannot use a section 21 notice to end the tenancy.
A landlord doesn’t have to keep re-sharing the information about tenancy deposit protection when a tenancy is directly or indirectly renewed, providing the landlord and the tenants are the same at the start of the new tenancy and they’re renting the same property.
Our Landlord and Tenant lawyers know their stuff when it comes to renting and the Landlord and Tenant act.
It’s really important that landlord’s take their responsibilities to tenants and deposit protection scheme compliance seriously by putting a tenant’s deposit into a government-backed scheme and communicating the relevant information to them about it within 30 days.
If you’re a landlord and you’re not sure about your responsibilities, our solicitors can fill you in and help you in the event of a deposit dispute or other issue between you and a tenant.
Get a free case assessment today to find out how our expert lawyers and solicitors can help you sort things out quickly and affordably.
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