Laura West & Marianne Rivett explain why the tenancy deposit scheme is coming unstuck
The requirements of the compulsory tenancy deposit scheme are set out in Pt VI, Chapter 4 of the Housing Act 2004 [HA 2004].
Within 14 days of receiving a deposit a landlord must, pursuant to s 213(3), comply with the initial requirements of one of the authorised schemes (two being custodial, one insurance backed).
Neither “landlord” nor “tenant” is defined for the purposes of the scheme. Additionally, pursuant to s 213(5), a landlord who has received a deposit must give to the tenant and any other “relevant person” (defined in s 213(10) as any person who has paid the deposit on behalf of the tenant) certain prescribed information as set out in s 213(5) HA 2004 and the Housing (Tenancy Deposits) Prescribed Information) Order 2007 (SI 2007/797).
Applications to the county court
Where a deposit has been paid any tenant or relevant person may apply to the county court either because the landlord has:
(i) failed to
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