Landlords warned over tenancy deposits

Published on

Landlords are being warned that they have just a matter of weeks to protect tenancy deposits, or face thousands in fines, the Tenancy Deposit Scheme (TDS) has warned. 

The new Deregulation Act means more tenancy deposits are now under deposit protection law if received before 6 April 2007, and gives landlords until only 23 June to register them in a government approved scheme. Otherwise they face a penalty of between one and three times the value of the deposit and restrictions on regaining possession of their property.

A series of court rulings brought urgent need to clarify the law when consternation arose over which deposits must be protected and in what circumstances prescribed information documents must be given to tenants. If landlords do not give tenants full written information about their protection they still face the fine, even if the deposit is protected.

Deposits must now be protected by 23 June if received before 6 April 2007 and if the tenancy renewed on a periodic basis after that date.

TDS chief executive Steve Harriott said: “Landlords have only a matter of weeks to comply before the amnesty ends and penalties take effect. A small number of deposits are exempt but I would urge any landlord who holds an unprotected deposit to register it online with Tenancy Deposit Scheme immediately to avoid any future problems.”

If a tenancy renewed on a periodic basis before 6 April 2007 deposit protection is not compulsory. However the landlord will still be prevented from regaining possession using the standard section 21 notice unless they protect or return the money.

Harriott also said the Act has highlighted that many landlords have failed to protect deposits even under the existing laws.

He said: “We have seen a surge in landlords contacting us in recent weeks. Many have only just become aware that they should have already protected deposits; a stark reminder that thousands of landlords have been falling foul of deposit protection law, often unknowingly.”

COMMENT ON MORTGAGE SOUP

We want to hear from you!
Leave a comment and get the conversation started.
You need to register to post, so please login or sign up below.

Latest articles

Nationwide cuts switcher mortgage rates for existing borrowers

Nationwide is reducing rates across its switcher mortgage range for existing customers by up...

Hinckley & Rugby adds visa mortgage products to offering

Hinckley & Rugby for intermediaries has launched four two-year discount visa mortgage products across...

NatWest strengthens broker support with intermediary team expansion

NatWest has expanded its intermediary leadership team with the creation of two new corporate...

LMS chief executive Nick Chadbourne to step down

LMS has announced that Nick Chadbourne is to step down as chief executive after...

Mortgage commitments rise despite weaker lending volumes, Bank of England data shows

New mortgage commitments increased in the first quarter of 2026 even as completed lending...

Latest publication

Other news

We’re only scratching the surface with Near Prime

The growing importance of Near Prime to brokers and their clients was evident during...

Nationwide cuts switcher mortgage rates for existing borrowers

Nationwide is reducing rates across its switcher mortgage range for existing customers by up...

Hinckley & Rugby adds visa mortgage products to offering

Hinckley & Rugby for intermediaries has launched four two-year discount visa mortgage products across...