Tenancy Deposit Scheme

moyilla

Hi

I have not yet signed the contract for my new rental. I am waiting till all the work has been carried out first.

Anyway, the landlord has sent me a draft of a tenancy agreement. It does not mention in there anywhere about the Tenancy Deposit Scheme.

Should it do? If so what should the wording be?

Also it does not state that the LL is responsible for all maintanence (excluding garden, cleaning etc) again, should that be stated or is it common knowledge?

Thank you all!!!

Gorgeous_George

Something along the lines of:

The deposit shall be held by the Landlord as stakeholder and shall be protected as required by statute. The landlord shall forward to the tenant (within fourteen days of receiving any deposit) the statutory details required by s.213 of the Housng Act 2004.

...should suffice.

GG

moyilla

Gorgeous_George wrote: »

Something along the lines of:

The deposit shall be held by the Landlord as stakeholder and shall be protected as required by statute. The landlord shall forward to the tenant (within fourteen days of receiving any deposit) the statutory details required by s.213 of the Housng Act 2004.

...should suffice.

GG

#

Thank you GG, so can I go ahead and put that in myself?

clutton_2

you can put whatever you like in the tenancy agreement (as long as it is a lawful thing) or for that matter, cross anything out, and as long as the landlord signs it, then you both have to abide by it.

thesaint

I didn't think that the tenancy agreement had to have any mention of the TDS being used.

BrixMorta

A document providing “Prescribed information” relating to the relevent scheme should be attached to the AST and signed by the tenant. The AST also should make it clear how the deposit is being held and what deposit protection scheme is being used.

This is information which the Housing Act 2004 Sections 213 (5) – (6) and The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 require to be provided to the tenant within 14 days of the deposit having been received.

clutton_2

all the professional landlords associations are now including a clause in their ASTs to show which scheme each landlord is using. i download all the prescribed information from my scheme and, as suggested, attach it to my AST so that the tenants know from day one where their money is.

thesaint

BrixMorta wrote: »

A document providing “Prescribed information” relating to the relevent scheme should be attached to the AST and signed by the tenant. The AST also should make it clear how the deposit is being held and what deposit protection scheme is being used.

Is 'Should' a definite?

Does the government provide this information in one easy to find page of a website?

Corretto wrote: »

The Facts

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

This website does include the basic information, but it also does not mention anything about the A.S.T. needing to include the details of the TDS.

moyilla

Can I ask what is the AST??

Lavendyr

Assured Shorthold Tenancy.

moyilla

Lavendyr wrote: »

Assured Shorthold Tenancy.

Thanks duh!!!:o