The Law Society Library lists resources which contain commentary on and precedents for tenancy deposits.

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The Housing Act 2004 introduced a mandatory tenancy deposit system which commenced on 6 April 2007. After this date all deposits taken by landlords for residential assured shorthold tenancies must be protected by an authorised tenancy deposit protection scheme. These schemes ensure that tenants entitled to the return of their deposits will get them back; and assist with the resolution of any disputes between landlords and tenants.

If a landlord fails to protect a deposit then the tenant is entitled to go to court. The court can order the landlord to repay the deposit and also to pay up to 3 times the amount of the deposit as compensation.

Commentary on tenancy deposit schemes can be found in the following resources:

Atkin’s Court Forms, vol. 24(1) Landlord and Tenant (2014) paragraph 85.

Driscoll, Handbook of Residential Tenancies (2001-) paragraphs 22.061-22.070.

Precedents for tenancy deposits can be found in:

Encyclopaedia of Forms & Precedents, vol. 23(4) Landlord and Tenant (Residential Tenancies) (2009 reissue)

Form 55: Rent deposit deed in relation to an assured shorthold tenancy.

Atkin’s Court Forms, vol. 24(1) Landlord and Tenant (2014)

Form 73: Part 8 claim form for an order that a landlord comply with the tenancy deposit requirements.

For further information see the Gov.uk website.

For details and method of use, see the website for the Deposit Protection Service.

Record last checked 24 September 2015

 

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Disclaimer

This FAQ is compiled by the Law Society Library. While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given