Under the new regulations, from 6 April all landlords will be required to protect their tenants' deposit using one of three government-authorised schemes. Within fourteen days of receiving the deposit, the landlord is then required to inform the tenant of how it is protected.
Landlords can choose from three schemes:
- The free custodial scheme requires the full deposit amount to be placed into the scheme until the end of the tenancy.
- Two insurance-based schemes allow landlords to retain the full deposit amount themselves. These schemes require a fee to join, and a premium is payable for each protected deposit. Only any disputed amount is passed to the scheme at the end of the tenancy period.
- All schemes provide free dispute resolution for any problems at the end of the tenancy.
- Tenants may apply for a court order demanding that the deposit is protected or repaid
- A fine of three times the deposit amount will be payable to the tenant
- Landlords will lose the right to repossess their property under the 'notice only' method