The Tenant Fees Act and tenancy deposit cap; Everything you need to know about The Tenant Fees Act and tenancy deposit cap. Always take professional advice. Simply Business - Insurance for your business. © Copyright 2021 Simply Business. Fees and fee structures vary, so it’s worth comparing the prices and services offered by each government-approved provider. Custodial schemes are usually free of charge, while insured schemes cost around £13 to £20 for deposits up to £500, and around £18 to £26 for deposits over £500. Saiful Ahmed, from DAS Law, explains what you can charge for under the tenancy deposit scheme: There are a number of government-backed deposit protection schemes that landlords can use, depending on where you live in the UK. OpenRent Co-Founder Adam Argues for Sensible ‘DSS’ Reform, Rent with No Deposit: a Guide to Deposit Replacement Insurance, Multiply your monthly rent by 12 to get the annual rent, Divide the annual rent by 52 to get the weekly rent, Multiply the weekly rent by 5 to get 5 weeks' worth of rent. If you do not register the deposit properly, there can be big consequences: from not being able to serve an eviction notice, to being fined up to three times the total deposit value! To increase the rent they have to give you at least 3 months notice, using the prescribed ‘rent increase notice’ form. Run a quick landlord insurance quote today. 6th Floor.css-6vbp46-FooterSeparator{display:block;height:10px;}99 Gresham StreetLondonEC2V 7NG, Sol House29 St Katherine's StreetNorthamptonNN1 2QZ. For English tenancies, The Tenant Fees Act came into force on 1 June 2019. Or for a shortcut, just multiply your monthly rent by 1.15385! Even if they have a tenancy – which is unlikely. How to calculate your maximum tenancy deposit: Your monthly rent x 12 ÷ 52 x 5 = maximum tenancy deposit This limit applies to deposits taken from all assured shorthold tenants, lodgers and students in halls of residence as long as the yearly rent is less than £50,000. If the tenancy was agreed on, or after 1 June 2019, then the maximum legal limit is five weeks rent unless the annual rent is over £50,000, in which case it is six weeks. Looking to switch or start a new policy? See the list of prescribed information on gov.uk. One of the most common problems with landlord and tenants are Deposit disputes. Measures are being put in place to regulate the fees charged to tenants by letting agents. Xbridge Limited (No: 3967717) has its registered office at 6th Floor, 99 Gresham Street, London, EC2V 7NG. Thanks Lorraine. Generic selectors. Most UK landlords are required to put tenant deposits in a government-approved tenant’s deposit scheme. Therefore, the maximum a landlord can seek as a deposit is £1,000. It’s up to you to choose which scheme to put the deposit into. Rents to…, Rental yield is one of the most important considerations for any new or existing buy-to-let landlord. But if you do, then you need to put it in the scheme within 30 days of getting it, and provide your tenants with a copy of the deposit protection certificate. From 1st June, landlords will only be able to take five weeks’ rent as a tenancy deposit. Search Articles. What protection is there for landlords if the tenant refuses to pay the new deposit? No. You should usually get your deposit back within 10 days of agreeing on the amount with your landlord. 2. Contact a tenancy deposit scheme. Your landlord must put your deposit in a government-backed Tenancy Deposit Scheme if you rent your home on an assured shorthold tenancy that started after 6 April 2007. With Rent Now, OpenRent can collect the deposit, register it, serve the prescribed information, collect the contract signatures and collect the rent, all for a one-off payment of only £49! The rules require you to give a copy of this tenancy deposit protection certificate to your tenants, and to anyone else who has contributed to the deposit. Your landlord should have told you what scheme they used - Deposit Protection Service, My Deposits or Tenancy Deposit Scheme. Check out Rent Now to have all your landlord obligations handled automatically! The new rules are due to the Tenant Fees Act, which limits the amount of deposit a landlord can take to five weeks of rent. If they pay the deposit is it to me or Open Rent or directly to DPS? These rules protect tenants by making sure they get the deposit back – as long as they pay rent, meet the terms of their tenancy agreement and don’t damage the property. In total, an estimated £3.6bn is held by deposit protection schemes across the UK. Again, it’s entirely up to you which one you use. Learn how to legally create a tenancy while following best practice for UK landlords. Under the provisions of the United Kingdom Housing Act 2004 every landlord or letting agent that takes a deposit for an assured shorthold tenancy in England and Wales must protect the deposit under an authorised tenancy deposit scheme.The regulations came into effect on 6 April 2007, and were amended by the Localism Act 2011, taking effect from 6 April 2012. Maximum deposit sizes Tenancy security deposits will now be capped at the equivalent of 5-weeks' rent for assured-shorthold tenancies with an annual rent of up to £50,000, or 6-weeks' rent for tenancies with an annual rent of £50,000 or more. The relevant landlords’ obligations apply where a deposit is paid in connection with a shorthold tenancy, and are set out in section 213: to ensure that a deposit is dealt with in accordance with an authorised deposit protection scheme from the time when it is received (section 213(1)); We have developed a calculator to quickly tell you the maximum tenancy deposit you can collect after the Tenant Fees Act commences on 1st June 2019. Enter your property’s monthly rental price. Tenant referencing agencies specialise in tenant screening for landlords and can deliver much more detailed reports. There are three tenancy deposit scheme providers to choose from in Scotland: Letting Protection Service Scotland; Tenancy deposit schemes. the amount for tenancy deposit you can ask a tenant to pay will be capped at a maximum of 5-week rent for the property is less than £50,000, and up to 6 weeks for the property is £50,000 or above. Landlords will be able to take a maximum of one week’s rent as a holding deposit. It’s not compulsory to take a deposit from your tenants. Would the new deposit to DPS be protected? The maximum amount you can charge tenants as a deposit is explained above and we have a guide that discusses what fees landlords can still charge after the Tenant Fees Act. Here’s what landlords should know about deposit protection scheme law, with expert input from Saiful Ahmed, a legal adviser at legal dispute specialists DAS Law. That would be great - anything to help would be appreciated! From 1st June, landlords will only be able to take five weeks’ rent as a tenancy deposit. Before 1st June 2019. From 2007, UK landlords have been legally required to protect their tenants’ deposits in a government-approved tenancy deposit protection scheme. Once your new tenant has paid the deposit for the property, you have to lodge it with a tenancy deposit scheme within 30 working days of the tenancy starting. I managed to get through to someone at DPS, third time lucky. If you want to “round off” you must round down and not up. Simply enter your monthly rental amount for the property to let, and we will instantly show you the maximum amount of money you can take as a security deposit. The calculator will show the maximum tenancy deposit that can be placed for the tenancy. You also need to supply your tenants with certain information (called ‘prescribed information’), which includes details about the deposit protection scheme you’ve chosen and information about what happens if there’s a dispute over the deposit. Saiful Ahmed, from DAS Law, explains what you can charge for under the tenancy deposit scheme: holding deposits, capped at one week’s rent security deposits, capped at five weeks’ rent where the annual rent is less than £50,000 and six weeks’ rent where the annual rent is £50,000 or more What is the maximum tenancy deposit in the UK? This usually happens within 5 – 10 days following your request. If your landlord paid your deposit funds into a deposit protection scheme, you can ask them to refund your money. Hi Susan, you can search all our properties here: https://www.openrent.co.uk/find-flats-and-houses-for-rent-online. It helps you determine whether a…, Landlords could be hit by another massive tax raid, as the Office of Tax Simplification outlines its recommendations for an overhaul of…. It can take a lot longer if you and your landlord disagree on the amount that's being taken off. If you have an assured shorthold tenancy and you fail to protect your tenant’s deposit, your tenant can take you to court to get compensation. A: Always pay your deposit by cheque or credit card (because then you can prove payment in the event of any dispute) and get a receipt, which states the amount paid. This increases to six weeks for properties whose rent exceeds £50,000 per year. If you take the latest monthly national average rent from the HomeLet Rental Index, it's a similar figure at £744 (excluding London). The automatic right of assignment gained by Ts through S15 1 if a premium is paid are not for the faint hearted LL. The table below shows what action is required by landlords or agents at each stage of the Act. Try Rent Now. Subscribe to our monthly newsletter and follow us on social media. Or even easier, just enter your monthly rent in the calculator above. Cebr calculates this is around £800. The deposit has been put in place to protect both you and your tenant in the event of any disputes. PS I’m feeling very frustrated and fed up, there is no clear guidence here, no guidence on the DPS app only how to refund the full deposit, and they have not replied to my enquiry. We see very few holding deposit forfeits with sums near half this size. We create this content for general information purposes and it should not be taken as advice. Find this article useful? For example, they shouldn't deduct money just because you smoked or kept a pet in the property if this didn't cost them any extra money. Would a deduction be kept as a deposit by DPS and would it be protected, or paid to me? If … We automatically adjust the settings if your annual rent goes over £50,000, changing the cap to 6 weeks’ rent, in accordance with the new rules. If a landlord or letting agent does not protect a tenant’s deposit then they will have to pay them a minum of the amount of the deposit and a maximum of three times the deposit sum in compensation. I don’t want to run afoul of the law without even knowing it! ... a Guide to Deposit Replacement Insurance. And a lodger cannot be an assured shorthold tenant. The deposit cap of 5 weeks’ rent only applies to properties where the annual rent is less than £50,000. All Rights Reserved. “The act limits the amount you can charge a tenant for a holding deposit and security deposit and defines what you can charge in addition to rent. Landlords are being reminded that there’s a solution if a tenant decides to breach their rental agreement by moving in a partner. Do I make a full refund but deduct the new amount as the security deposit. By 2026, Cebr says that the average tenancy deposit will hit £1,111 across the country, and a whopping £2,753 in London. Tenancy deposits and rentRent Increases From the 1st of December 2017 under a Private Residential Tenancy, your landlord can only increase the rent once every 12 months. The reason I changed from the DPS to yourselves is because the DPS’s Dispute Resolution Service is very poor and inconsistent. .css-1b53oxy-LinkUnderlined{color:#262626;-webkit-text-decoration:none;text-decoration:none;cursor:pointer;color:#007478;-webkit-text-decoration:underline;text-decoration:underline;}.css-1b53oxy-LinkUnderlined:hover{color:#007478;-webkit-text-decoration:underline;text-decoration:underline;}Read our full disclaimer. These changes also begin on 1st June. This increases to six weeks for properties whose rent exceeds £50,000 per year. A landlord or agent can only take a tenancy deposit up to a maximum of five weeks’ rent (where the total annual rent is less than £50,000) or six weeks’ rent (where the total annual rent is £50,000). Over 200,000 UK landlord policies, a 9/10 customer rating and claims handled by an award-winning team. Where the annual rent is £50,000 or over, a maximum of 6 weeks’ rent. There are new rules for holding deposits, too. These will provide a more in-depth overview of your tenant’s suitability for your property.”. Landlords will be able to take a maximum of one week’s rent as a holding deposit. A tenancy deposit scheme is where your deposit will be held for the length of your tenancy if you rent privately, though there are a small number of exceptions. Get new landlord regulations straight to your inbox. Your deposit protection scheme may help you with this, for example by providing a template. Simply Business is a trading name of Xbridge Limited which is authorised and regulated by the Financial Conduct Authority (Financial Services Registration No: 313348). Get access to the latest Landlord News & Updates. This fee covers the term of the tenancy. Either write to the relevant party, or send them an email requesting the return of your deposit. But we still think that landlords will be adequately protected. These are the Tenancy Deposit Scheme Northern Ireland, My Deposits Northern Ireland and the Letting Protection Service NI. The total deposit that can be requested and taken from a tenant will be as follows: Where the annual rent is up to £50,000, a maximum of 5 weeks’ rent. As with the rest of the UK, there are three appointed deposit protection scheme administrators in Northern Ireland. If you round up you will be breaking the law as you are charging more than 5 weeks rent (even if it is by 1p). If you renew a contract after 1st June 2019, and the tenant paid more than the permitted deposit amount, you must repay any overpayment. The court can demand that you pay compensation of up to three times the value of the deposit, and they may also order you to protect the deposit or to return it to the tenant. Let us handle all your landlord responsibilities. For example, a property that lets at £1,500 per month will have a maximum holding deposit of £346, which is a considerable sum for a tenant to forfeit. Saiful Ahmed, from DAS Law, explains: “The Tenant Fees Act 2019 started on 1 June 2019 and applies to all assured shorthold tenancies, tenancies of student accommodation and licences to occupy housing in the private rented sector in England. From 1st June 2019 landlords in England are limited to 5 weeks’ (rent equivalent under £50,000 per annum) deposit for new and renewed tenancies (or 6 weeks if the annual rent is £50,000 or more). Again if the landlord wants to end the tenancy he/she must serve a Section 21 Notice or one of the Grounds for Possession Notices as above to end the tenancy. Exact matches only. From 1 June 2019, the maximum tenancy deposit is equal to 5 weeks' rent. On 1 st June 2019 a new tenancy deposit cap will be introduced, as part of the Tenant Fees Bill in England. This made it illegal for landlords and letting agents to charge certain fees in connection with a tenancy. If you opt for a custodial scheme, you put the deposit in the care of the deposit protection company, and they hold it until the end of the tenancy. Legal expert Saiful Ahmed mentions that landlords and their agents can choose to use either of these schemes: “Each scheme has its own rules about the initial requirements that need to be fulfilled to protect the deposit. As deposits are capped, Saiful goes on to mention other steps landlords can take to reduce their risk: “Landlords can carry out credit checks to assess how much the tenant can afford to pay and the sort of income they have. "any sum paid by way of deposit, other than one which does not exceed one-sixth of the annual rent payable under the tenancy immediately after the grant or renewal in question." You will need to protect the deposit in an accredited deposit protection scheme and serve the tenants the prescribed information within 30 days of receiving the money. What is the process? The government-approved deposit protection schemes in Scotland are the Letting Protection Service (LPS) Scotland, mydeposits Scotland, and SafeDeposits Scotland. holding deposits, capped at one week’s rent, security deposits, capped at five weeks’ rent where the annual rent is less than £50,000 and six weeks’ rent where the annual rent is £50,000 or more, default fees (fees you can charge during the tenancy) are limited to the reasonable costs incurred for replacing a key or lost security device, or interest on rent overdue by 14 days or more (capped at three per cent above the Bank of England base rate), Letting Protection Service (LPS) Scotland, a guide that discusses what fees landlords can still charge. Spread the word. The schemes come in two different types. The unusual number of weeks seems to have been a compromise struck in the House of Lords between four weeks and six weeks. Failure to register a deposit can also impact your Section 21 landlord rights. If you want to evict your tenant, your rights to do so will be restricted if you haven’t protected their tenancy deposit. Would you like to know any more about deposit protection scheme law? When a landlord is running a credit check on a tenant, they will only be able to see publicly available data on the resulting credit report. There are new rules for holding deposits, too. The most popular options are the ones which are backed by the government, namely the Deposit Protection Service, MyDeposits and Tenancy Deposit Scheme.”. The new holding deposit cap of one week's rent will be much less than some landlords are used to collecting. In England and Wales all deposits must legally be held in one of the Government’s three tenancy deposit protection schemes: Deposit Protection Service; MyDeposits However, note that in England the tenant fees rules apply which limit the amount of deposit you can take to five weeks. Alternatively, the tenancy might become a periodic tenancy. Thanks for your reply. This Practice note explains Tenancy Deposit Schemes (TDSs), which became compulsory for all residential assured shorthold tenancies (ASTs) created on or after 6 April 2007. Average rents grow throughout 2020 - The DPS Rent Index Q4 2020 The Rent (Scotland) Act 1984 (section 90) states that a deposit cannot exceed 2 months' rent payable. Labour seeks change in law to reduce maximum tenancy deposit fees / 27.06.2018 Government proposals currently before Parliament will limit the maximum tenancy deposit amount that landlords are allowed to charge incoming tenants, to the equivalent of six weeks’ rent. The tenancy deposit is usually the same value as four to five weeks’ rent. You will need to register the deposit exactly as before. If your deposit is protected by one of the TDP schemes this should include: The contact details of the tenancy deposit scheme; The contact details of the landlord or agent From then on, landlords will only be able to require a maximum security deposit of five weeks’ rent and a holding deposit of one week’s rent. Keep in mind that you may also have to pay a membership or joining fee. The amount of the deposit should be a maximum of two months’ rent. Your landlord must register your deposit within 30 working days of your tenancy starting and the schemes do not charge you or your landlord. Once you’ve put a deposit in a tenancy deposit scheme, the scheme will provide you with a receipt or certificate. At the end of the fixed term, a new fixed term agreement is often made or the tenants move out. I hope this info helps anyone else with DPS that needs to do the same. If you choose an insured scheme, you keep the tenant’s deposit, and you pay the deposit protection company a fee to insure it. So if you haven’t protected the deposit, you should do so as soon as possible (if you don’t protect your tenant’s deposit within 30 days, you’ve broken tenancy deposit protection rules). On their home page is a link to an article “The Tenant Fees Act and tenancy deposit cap” from there you can click “Download the Deposit Cap Calculator” which is a form the landlord can fill in to make a partial refund. There are limitations on what landlords and agents can charge tenants. Let us know in the comments below? Certain fees and charges are permitted under the act, whereas others are defined as prohibited payments.”. Periodic tenancies do not have a fixed end date, but continue on a month by month basis until ended by either the landlord or the tenant. 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