What will it mean for me?
• Anyone signing a tenancy agreement after April 6th should check with his or her landlord or agent how their deposit will be protected.
• The landlord has 14 days to tell you details of the scheme so you can check your money is protected. If your landlord or agent has not given you details you can contact the Tenancy Deposit protection helpline yourself to check the situation.
• There are sanctions against landlords who don’t comply with the law. You could take your landlord to court and if your landlord has not given you details of the scheme or has not put the deposit in an authorised scheme, the court will order the landlord to repay the deposit or pay it into a scheme. The court must also order the landlord to pay the tenant a fine of three times the deposit within 14 days. However, you may decide not to pursue this course of action until you are ready to leave.
• In addition, landlords who haven’t put the deposit in a scheme will not be allowed to use the ‘notice only’ ground to get an order for possession of their property. So if you are given notice to quit by your landlord, it’s very important to check immediately that your deposit is protected; if it’s not you should get advice as you may have a defence against eviction.
• If you move out of your home and your deposit has not been safeguarded in a scheme and your landlord won’t repay it, then you won’t benefit from the new protection. Your only course of action would be to take the landlord to court and try and get your deposit back. That’s why it is so important to check your position before that happens.