Landlords who take a deposit from a tenant under an assured shorthold tenancy in England or a short assured tenancy in Scotland now have a legal duty to protect the deposit in an approved tenancy deposit scheme and provide the tenant with key information about the tenancy and how the tenant’s deposit is held.
This Tenancy Deposit Protection Form – with separate versions for (1) landlords of property in England and (2) landlords of property in Scotland – helps landlords to comply with the tenancy deposit legislation and provide their tenant with the correct information.
Tenancy Deposit Protection Form for England (Section 213 Notice)
Landlords in England must protect their tenants' deposits using a tenancy deposit scheme if they have let the property on an assured shorthold tenancy (AST) which started on or after 6 April 2007.
If you're a landlord based in England, by law you must provide your tenant with information about where their deposit is secured within 30 days of receiving the deposit.
If your tenant's tenancy deposit is not properly documented, you may not be able to obtain possession at the end of the tenancy agreement and you may be subject to a substantial penalty payment.
This Tenancy Deposit Protection Form (also known as a Section 213 Notice) is the most comprehensive available and ensures legal compliance with the terms of the Housing Act 2004.
This Section 213 Notice provides:
- Contact details of the tenancy deposit scheme that you are using.
- The landlord's contact details or those of the landlord's agent.
- How the tenant can apply for release of the tenancy deposit.
- Information explaining the purpose of the tenancy deposit.
- What to do if there is a dispute between landlord and tenant about the tenancy deposit.
Full guidance on how to complete the Section 213 Notice is included with your download.
Tenancy Deposit Protection Form for Scotland
Tenancy deposit protection regulations came into force in Scotland on 2 July 2012.
Landlords in Scotland must comply with regulation 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011 and provide the tenant with information detailing the arrangements that have been made to protect their deposit.
If a landlord fails to provide this information, then the tenant can apply to a Sheriff's Court for this information and for the award of a financial penalty against the landlord.
Lawpack’s Tenancy Deposit Protection Form for Scotland helps you to provide the correct information to the tenant and is approved by Anthony Gold Solicitors, so you can be assured that you are complying with the law.
This Tenancy Deposit Protection Form for Scotland provides:
- The landlord’s registration status.
- Confirmation of receipt of the deposit.
- Confirmation of the date the deposit was paid to an approved scheme.
- The name and contact details for the scheme holding the deposit.
- The address to which the deposit relates.
- The reasons why part or all of the deposit might be withheld at the end of the tenancy, with reference to the tenancy agreement.
The key dates on when you must provide the information to the tenant vary, depending on when the deposit was received. As there are various dates, we suggest that you take a look at the Scottish Government’s website for more information on when to use the form.
Notes:
1. Lawpack does not provide a tenancy deposit protection service. Information about the government-authorised Tenancy Deposit Schemes can be obtained from their websites:
England
- The Deposit Protection Service (DPS)
- The Dispute Service (TDS)
- My deposits
Scotland
- The Letting Protection Service Scotland
- Safe Deposits Scotland
- My deposits Scotland
2. Landlords letting property under a contractual non-assured shorthold tenancy or to lodgers do not have to protect their tenant’s or lodger’s deposit under one of the approved schemes.
In Scotland, the deposits in all tenancies, whether short assured tenancies or not, need to be protected.
