#AskTDS: My landlord is asking me to pay a deposit for the equivalent of 2 months' rent, can they do that?

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#AskTDS: My landlord is asking me to pay a deposit for the equivalent of 2 months’ rent, can they do that?

In this week's #AskTDS, we answer an tenant's question, "My landlord is asking me to pay a deposit for the equivalent of 2 months' rent, can they do that?"

The short answer is, at the moment, yes. But not for long. 

On the 1st June 2019, landlords and letting agents in England will only be able to take a deposit of a maximum of five weeks’ rent for tenancies where the annual rent is up to £50,000. For tenancies where the annual rent exceeds £50,000, the deposit will be capped at six weeks’ rent.

This will only affect new tenancies beginning after the changes are introduced, so those already renting may not see any change at first, but everyone in the private rented sector should be aware of what it will mean for them.

Over the coming months, we will publish clear guidance to support tenants, landlords and letting agents to ensure they are aware of their rights and responsibilities in terms of tenancy deposits, deductions and disputes.

Further information on the progress of the bill and what it entails can be found on the UK government’s website.

For more information on how it might affect deposits, you can contact the TDS team. 

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About TDS

Tenancy Deposit Scheme (TDS) is a government-approved scheme for the protection of tenancy deposits; TDS offers both Insured and Custodial protection and also provides fair adjudication for disputes that arise over the tenancy deposits that we protect. 

We provide invaluable training in tenancy deposit protection and disputes for agents and landlords through the TDS Academy as well as joining with MOL to provide the Technical Award in Residential Tenancy Deposits. 

TDS Insured Scheme: where a TDS member can hold the tenancy deposits as stakeholder during the term of the tenancy. 

TDS Custodial Scheme: where TDS hold the deposit for the duration of the tenancy. 

TDS Academy: TDS provides property professionals with invaluable training in tenancy deposit protection and tenancy deposit disputes. 

TDS Northern Ireland: TDS is Northern Ireland's leading and only not for profit tenancy deposit protection scheme. 

TDS can only comment on the process for our scheme, other deposit protection schemes may have a different process/require different steps. Content is correct at the time of writing. 

These views are those of the author alone and do not necessarily reflect the view of TDS, its officers and employees.

ARLA|Propertymark: For agents who would like to stay up to date, you can contact Propertymark | ARLA at: join@propertymark.com. By being a member of Propertymark | ARLA you will be eligible for TDS Insured best headline rates. 

RLA: If you are a landlord and would like to keep up to date with any changes that may affect you or your responsibilities, you can contact the RLA at: info@rla.org.uk and quote reference: dg715 to receive 25% off your first year's membership.


Posted by TDS on 14 March 2019

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