Go into Member log in, select your custodial or insurance scheme and click on “forgot password”. Guaranteed Deposit Protection Services – Protect Yourself from Rogue Traders If you pay a deposit and the company ceases trading before the work has even started your money would be lost. A relevant person is someone who has paid the deposit, or part of the deposit, on behalf of the tenants. The Housing Act 2004 provides a definition of “Relevant Person”:“Any person who, in accordance with arrangements made with the tenant, paid the Deposit on behalf of the Tenant”.The name of the Relevant Person must be stated on the Deposit Protection Certificate. Landlords should join their chosen scheme and then protect deposits. Ultimately yes. for free and transfer the deposit money to us to hold. Once registered, the scheme provider takes custody of the money. Don’t include personal or financial information like your National Insurance number or credit card details. The law requires that you comply with the initial requirements of your tenancy deposit protection scheme. A Deposit Protection Scheme is required to be issued by all landlords and letting agents, for all shorthold tenancies, in England and Wales. Since 2007 we've focused solely on perfecting deposit protection. mydeposits provides both insurance and custodial based tenancy deposit protection in England & Wales. The deposit protection for the original tenancy agreement is ended on the TDS database. You can choose our free to use custodial scheme or pay as you insurance scheme. Need to view or manage your deposits? At the end of the tenancy you are free to negotiate the return of the deposit (and propose necessary deductions) with your tenant. If you’re in an ‘insured’ scheme, you or the agent must give the deposit to the TDP scheme. An EPA is a legal document which must have been entered into before 30th September 2007. Don’t worry we won’t send you spam or share your email address with anyone. Our insurance scheme means you paid to join mydeposits If it does not then any protections may be invalid. Bring in a Tenancy Deposit Protection Scheme To Protect Tenants From Losing Their Deposits to Landlords Provide you with the facilities to protect each deposit you take from your tenant in your online member account, by phone or post. If you receive a valuable item as a deposit instead of money (for example a car or watch), you do not have to put it in a TDP. Government-approved tenant deposit protection schemes differ throughout the UK. We use cookies to collect information about how you use GOV.UK. Discounts available to NLA members. A deposit protection fee is paid to mydeposits to legally protect the deposit.Should a tenant raise a dispute with the scheme, the disputed deposit money must be lodged with the scheme.Custodial deposit protectionThe mydeposits landlord member must lodge the deposit with mydeposits for the duration of the tenancy. At TDS we have created a ‘how-to’ guide for those using TDS insured, which you can find here . There are 2 ways to protect your tenant’s deposit with mydeposits. Both member and tenant must authorise the deposit release before mydeposits returns the deposit. It’s all change for the previously established UK deposit protection schemes too. For over 13 years, we've driven ourselves to provide the best service to letting agents and landlords. For example, if the tenant didn’t want to move to a periodic tenancy, but instead wanted to remain in the property for another fixed term of 1 year, then the landlord would need to re-protect the deposit. The Prescribed Information Order set outs the deposit protection information which must be provided to the tenant by the landlord/business within 30 days of the deposit being received.mydeposits assists members with the provision of the prescribed information in the following ways: Deposit protection is not assignable so if you change any details regarding the tenant, property or tenancy agreement dates (apart from spelling mistakes or administrative errors) you may have to re-protect the deposit and pay another protection fee.Any mid-term amendments to the can only be made by mydeposits, please get in touch with our team. The mydeposits custodial scheme is completely free to join and protect deposits.With our insurance based scheme, you can keep hold of the deposit in your bank account, a deposit protection fee is payable for each deposit you take and legally protects it for the duration of the tenancy agreement. Ask Emma a question; View Frequently Asked Questions To help us improve GOV.UK, we’d like to know more about your visit today. Deposit protection schemes were developed to with precisely these types of situation. You’ve accepted all cookies. You can use any of the following schemes if your property is in England or Wales: There are separate TDP schemes in Scotland and Northern Ireland. We provide FREE easy to use Custodial deposit protection, and a competitively-priced Insured scheme. There are two basic types of deposit protection scheme. The mydeposits landlord member keeps the deposit money in their segregated bank account for the duration of the tenancy. There is no fee to join our custodial scheme. Our custodial scheme means that you joined mydeposits In our Custodial scheme , we have a unique feature which allows you to perform a ‘tenant switch’ without having to repay the full amount and then re-protect the deposit. This is different to tenancy deposit protection. Copyright © Tenancy Deposit Solutions Ltd trading No fees are ever charged. The Insured Scheme is where the Landlord or Agent retains the deposit and protection is provided for the duration of the tenancy for a fee. There are no registration or annual renewal fees, and is available to letting agents, landlords and organisations. The Local Authority, who pays the deposit on behalf of a tenant, is the “Relevant Person”. It requires a qualified person (doctor/solicitor) or a long standing friend to confirm that the person requires an attorney. These government-backed schemes ensure your tenants will get their deposit back if they: You (or your letting agent) must put your tenants’ deposit in the scheme within 30 days of getting it. If the deposit is paid in instalments then the full amount of the deposit as stated in the AST must be protected eventually. If your issue or concern service you have received, click here or if the matter is based on an adjudication decision that you are not happy with, click here. Deposit protection is not assignable so if you change any details regarding the tenant, property or tenancy agreement dates (apart from spelling mistakes or administrative errors) you may have to re-protect the deposit and pay another protection fee.Any mid-term amendments to the can only be made by mydeposits, please get in touch with our team. This form can be found at Schedule 1 of the Power of Attorney Act 1971 and is relatively straightforward to complete. Should a tenant raise a dispute with the scheme, the disputed deposit money must be lodged with the scheme. Any deposit you take on behalf of any party needs to be protected and you’ll be asked to provide the name and details when protecting the deposit with us. You must use a TDP scheme even if the deposit is paid by someone else, like a rent deposit scheme or a tenant’s parents. mydeposits offers both types of service and is a membership scheme. 5. It deals with either property and financial affairs or personal welfare. Ask Emma a question; View Frequently Asked Questions The scheme may simply change details on notification, may end protection (thus requiring the new landlord to protect the deposit afresh, either in the same scheme or in a different one) or may require that the new landlord protects the deposit before ending the existing protection. We always require authorisation in writing (not email) from a person who wants a third party to act on their behalf.If we cannot obtain such authorisation we will accept a person if they have been appointed as an attorney under a POA.There are three main types of Power of Attorney: General Power of Attorney under s.10 of the Power of Attorney Act 1971. The mydeposits landlord member must lodge the deposit with mydeposits for the duration of the tenancy. Protection schemes are also not required when landlords are living in the same property as the tenant. The landlord must also provide the tenant with certain key information, including confirmation of which scheme holds the deposit, within the same time period. If you breach any terms of your membership, we are required to formally contact you. We now capture this information when you lodge a deposit, where we didn't previously do so. When a company gives you their company guarantee on your project and they cease trading during this period – their guarantee becomes worthless. If you feel that we have fallen short of this standard and you wish to complain, you should do so in writing to: Custodial Deposit Protection – We hold the money, Insurance Deposit Protection – You hold the money, Join and Both our insurance and custodial schemes offer a free Alternative Dispute Resolution service if the member and tenant cannot agree on the amount of deposit to be returned. In Scotland, the government-approved schemes are: Letting Protection Service Scotland. Tenancy deposit protection – where tenants' deposits are protected with one of three Government-approved schemes – became a legal obligation in 2007. Log in and take care of your deposit whenever you need to. The legislation covers all deposits taken on Assured Short-hold Tenancies (AST’s) in England and Wales. mydeposits will help you comply with the law, quickly and easily. Types of deposit protection. and also pay a protection fee that lets you hold the deposit We receive a wide range of requests from third parties to deal with matters on behalf of our members or tenants. Check with the deposit protection schemes. On 1 January 2016, the £75,000 deposit protection limit became applicable for all eligible depositors. TDS is the longest running tenancy deposit protection scheme in the UK. If you wish to protect deposits taken on properties both in your own name and a company name, you need to set up separate memberships. If the deposit is paid in instalments then you must protect the full envisaged amount from the date you receive the first payment. Yes. Your online account is available 24/7. They will hold it until the issue is settled. A deposit protection fee is paid to mydeposits to legally protect the deposit. You can check your deposit is still protected if there's been a change of landlord or agent during your tenancy. It’s quick and easy. A way of doing this is to simply cut and paste the deposit clause and put it in a separate document. Each scheme has a dispute resolution service that is designed to help the two parties come to a fair and sound agreement over how much is owed by the tenant and if the reason for the withheld sum is legitimate. The LPA must be registered with the Office of the Public Guardian and we may check for any restrictions on the attorney. Each scheme has its own procedures for dealing with changes. We may request a copy certified by a solicitor if the attorney is unable to provide mydeposits with the original. The Insured Scheme is where the Landlord or Agent retains the deposit and protection is provided for the duration of the tenancy for a fee. The Tenancy Deposit Scheme (TDS), Deposit Protection Scheme (DPS) and mydeposits have been joined by Capita Tenancy deposit protection scheme . If you’re a tenant who’s about to move into a new property, you'll most likely have paid your landlord or letting agent a tenancy deposit. It will take only 2 minutes to fill in. The Landlord will be unable to regain possession of the property by notice-only grounds for possession under Section 21 of the Housing Act 1988, The Tenant can apply for a Court Order requiring the deposit to be protected, and for the Prescribed Information to be given to him/her. The tenant must be up to date with all rental payments before we will accept or consider the dispute. If we hold an email address for the tenant then we will inform them on the unprotection via email, otherwise we will need to write to them, to the alternative address supplied. Here are our helpful guides and templates to help letting agents, landlords and tenants understand Custodial deposit protection: Whether you’re a letting agent, landlord or tenant, here‘s everything you need to know about our Insured scheme: Deposit disputes and the Alternative Dispute Resolution Process Tenancy Deposit Scheme. as mydeposits. Using deposit protection schemes - the official schemes, information you must give tenants, what happens if you do not protect a deposit, disputes and advice Questions and answers to your questions about deposit protection, the scheme and how to comply. You can change your cookie settings at any time. Custodial Deposit Protection Schemes. No need to wait in a call queue. Under the provisions of the United Kingdom Housing Act 2004 every landlord or letting agent that takes a deposit for an assured shorthold tenancy in England and Wales must protect the deposit under an authorised tenancy deposit scheme.The regulations came into effect on 6 April 2007, and were amended by the Localism Act 2011, taking effect from 6 April 2012. These range from those representing landlords who are temporarily living aboard, to those with elderly or young relatives and people who are unwell. How the schemes work – This is a guide for landlords to explain how the deposit protection schemes work.When setting up an Assured Short hold Tenancies (ASTs) in England and Wales, you are required to protect deposits with a government-authorised tenancy deposit protection scheme. At The DPS, we don't play around when it comes to deposit protection. In the TDS Insured for Landlord’s scheme, if the tenancy enters a new fixed term, the deposit would need to be re-protected and the protection fee paid again. We are required by law to inform your tenant that you have unprotected their deposit at the end of the tenancy. In April 2007 the Government appointed mydeposits to operate an insurance-based scheme and in April 2016, mydeposits custodial scheme. There are no registration or annual renewal fees, and is available to letting agents, landlords and organisations. The names of all persons/parties who contribute to the deposit are known as ‘relevant party’ and should appear on the prescribed information. In previous blogs, we’ve discussed what changing tenants means for deposits, but there may also be repercussions when the management of the property transfers from an agent to a landlord.. protect depositors' savings by guaranteeing deposits of up to €100,000 The three schemes to which the Government has given its backing are The Deposit Protection Service (DPS), The Tenancy Deposit Scheme … mydeposits may ask for the reasons why the POA was granted, and we may ask for further evidence or even to speak to person who has granted the power. 11 April 2018. The business model of most banks is to lend out this money to other customers, keeping only a portion of it available for people wanting to withdraw money. If you want to protect tenancy deposits with us and haven’t used our service before, you’ll need to create an account. Both member and tenant must authorise the deposit release before mydeposits returns the deposit. my|deposits Scotland The Tenancy deposit protection law was introduced on 6 April 2007 to ensure that tenants are able to recover their deposit from their landlord or letting agent at the end of the tenancy, less any amount that the landlord/agent is entitled to withhold. We’ll send you a link to a feedback form. Again there are financial and property or personal welfare LPAs. They are entitled to raise a dispute on behalf of the tenant and we are entitled to award any disputed amount of the deposit to the Relevant Person. Under EU rules, deposit guarantee schemes. The Housing Act 2004 provides a definition of “Relevant Person”: When protecting the deposit, you should state the name of all the Relevant Person who paid the part of all of the deposit. mydeposits is jointly owned by the Hamilton Fraser Insurance (HFIS plc) and the National Landlords Association (NLA). If you’ve received a holding deposit from your future tenants (money to ‘hold’ a property before an agreement is signed), you do not have to protect it. You must join mydeposits as landlord member, and choose which scheme to protect the deposit:Insurance deposit protectionThe mydeposits landlord member keeps the deposit money in their segregated bank account for the duration of the tenancy. Examples include a Local Authority, parent, guardian, friend etc. When a deposit is taken, it must be protected within a 30 day calendar of receipt by the landlord. Check how the new Brexit rules affect you. Deposit protection schemes are not applicable to any deposits paid before the signing of a rental agreement – although such preliminary deposits are later incorporated into the scheme. To accept our cookies, continue browsing as normal. Our aim is to provide a first class service to all Members and Tenants and to do everything we can to ensure you are satisfied. The Local Authority may raise a dispute on behalf of the tenant if there are problems at the end of tenancy. The summer months in Northern Ireland are always a busy time for tenancy changeovers, particularly in college towns where large numbers of students live. Any tenancy deposit accepted by a landlord must be transferred to an approved tenancy deposit scheme, such as SafeDeposits Scotland, within 30 working days of the beginning of the tenancy. If you renew, extend, amend or reissue the AST Agreement (by whatever means) you will need to purchase a further deposit protection from us.The only exception to this rule is if you allow the original AST Agreement to run into a Statutory Periodic Tenancy (SPT), then no further protection fee is payable, however you must inform us of the extension. Most commonly this is a change to the rent or the deposit value. If the tenant does not pay the full amount, then you need to notify us of this and keep evidence, otherwise the tenant may be able to raise a dispute for the full protected amount. It is completely free to join and protect deposits. Tenancy deposit protection schemes have been operating in Northern Ireland for just over a year. Fill in the form bellow to send us a message: This website uses cookies to improve your experience. A Guide for Landlords from the DPS . The rules are different in: The deposit must be returned to your tenants within 10 days of you both agreeing how much they’ll get back. Get the deposit cap right with our handy calculator. This means if a local authority has paid a deposit on behalf of a tenant, for example, they have proof they’ve done this. When the EPA or LPA has been registered with the Office of the Public Guardian it will have the words registered stamped on every page. Tenant's guide to deposit protection schemes - your deposit, information landlords must provide, disputes and advice Tenancy deposit protection - GOV.UK Skip to main content If this is how you protect your deposits, then use: Copyright Tenancy Deposits Solutions Ltd trading as mydeposits. The names of all persons/parties who contribute to the deposit are known as an “interested third party’ and should appear on the prescribed information. All content is available under the Open Government Licence v3.0, except where otherwise stated, Information you must give to your tenants, If you do not protect your tenants' deposit, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, the scheme hold the deposit for free - known as a ‘custodial’ scheme, you or the agent holds the deposit and you pay the scheme to insure it - known as an ‘insured’ scheme. Provide you with the majority of the Prescribed Information to pass onto your tenant. Under custodial schemes, the landlord (or their agent) collects the security deposit money from the tenant, and then registers the money with a government-approved deposit protection scheme. We are required by law to inform your tenant that you have unprotected their deposit at the end of the tenancy. It is free to join our insurance based scheme, which lets you keep the deposit in your own bank account. An SPT enables both you and the tenant to continue on the original terms and conditions (with the exception of rent revisions) of the letting where no new tenancy agreement or amendment is issued.A deposit under £500 is £20 to protect, with deposits over £500 just £26 per protection. An alternative address could be that of: Yes. Using deposit protection schemes - the official schemes, information you must give tenants, what happens if you do not protect a deposit, disputes and advice Here is what landlords need to know. Protect. A fundamental principle underlying DGS is that they are funded entirely by banks, and that no taxpayer funds are used. If this is how you protect deposits login here. We consider a Company to be any legal entity such as a Public or Private Limited Company, Partnership or Limited Liability Partnership. in your bank account. There are two types of Tenancy Deposit Scheme; Custodial and Insurance. Sometimes in tenancies, circumstances change. Money that is kept at a bank, for example in a savings account, is called a deposit. You can also download our complaints forms which you can complete and return to us at complaints@mydeposits.co.uk. The deposit is protected in the scheme until the issue is settled. Add incoming tenant(s) to the deposit protection (sometimes no-one will be moving in). If the Court is satisfied that the Landlord has failed to comply, the court must either: Order the Landlord to repay the deposit to the Tenant within 14 days of the issuing of the Court Order, or, Order the Landlord to pay the deposit into the designated account held by the Custodial Scheme Administrator, The Court may also order the Landlord to pay the Tenant an amount equivalent to three times the deposit amount within 14 days of the making of the Order, The Court is likely to also award costs against the Landlord. You may be fined up to £30,000 if you do not join a client money protection scheme. the landlord is always legally responsible for the deposit, its protection and its return to the tenant at the end of the tenancy, (provided they are entitled to it).The landlord will still remain accountable and therefore we strongly advise you to ensure that the letting agency has correctly protected the money with a government authorised scheme. What is a deposit guarantee scheme? Once they become tenants the holding deposit becomes a deposit, and you must protect it. We offer a choice of two Tenancy Deposit Protection schemes; Custodial and Insured. If a property and affairs EPA has been properly registered with the Office of the Public Guardian then mydeposits will accept the attorney, although we may need to check for any restrictions on the attorney. Summary of proposals. You pay individual deposit protection fees to protect each deposit legally. Deposit guarantee schemes (DGS) reimburse a limited amount to compensate depositors whose bank has failed. An LPA is the most recent form of legal power of attorney and is more complex/lengthy than the EPA. The PRA proposes to: reset the deposit protection limit to protect depositors up to £85,000 as of 30 January 2017; provide a 5 month transitional period for firms to implement the new deposit protection limit; DEPOSIT PROTECTION SCHEME. You must place your tenants’ deposit in a tenancy deposit protection (TDP) scheme if you rent out your home on an assured shorthold tenancy that started after 6 April 2007. This is an insurance based, rather than custodial scheme, meaning that the deposit is held by the agent or landlord. Website by wani creative. A Company Landlord is one that owns the property in the name of a company, e.g. We accept though, that the best approach is not always achievable or practical. Michael Smith Properties Limited. We use this information to make the website work as well as possible and improve government services. All deposits taken after 6 April 2007 on an AST must now be protected by one of the government-authorised deposit protection schemes. Your Membership name must reflect the name of the landlord stated on any AST agreement you have with your tenant(s). They'll be provided with a copy of the certificate of deposit protection. 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