Required Information about Deposit Protection
This Required Information about Deposit Protection template can be used by a landlord or letting agent to tell a contract-holder about the approved Tenancy Deposit Scheme (TPS) which is being used to protect the security deposit.
Deposits relating to occupation contracts in Wales (and former converted assured shorthold tenancies) must be protected in an approved Tenancy Deposit Scheme under the Renting Homes (Wales) Act 2016, in accordance with Sections 43-47 and Schedule 5 of the Act. The Guidance-on-Deposits-and-Deposit-Schemes-Wales provides further information.
Security deposits for occupation contracts in Wales are not currently capped but the Renting Homes (Fees etc.) (Wales) Act 2019 gives the Welsh Government the power to introduce caps in the future.
The form allows the contact details of the landlord’s letting agent to be given instead of the landlord’s own details. The letting agent can only sign if they have protected the deposit. If the letting agent has protected the deposit, either the landlord or the letting agent can sign. As confirmed in the Court of Appeal decision Northwood Solihull v Fearn & Ors, where the prescribed information is to be signed by either a corporate landlord or agent, it can be signed by an authorised individual on their behalf, or in accordance with Section 44 of the Companies Act 2006 which requires a signature from two directors, or director and company secretary, or director whose signature is witnessed.
Once the deposit has been protected in a TPS the landlord (or the landlord’s agent) should complete this Required Information about Deposit Protection template and give it to the contract-holder. This must be done within 30 days of receiving the deposit. If this is not done, this will invalidate the service of a Section 21 Notice. A landlord will only be able to regain their right to serve a Section 21 Notice once the prescribed information has been served.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Required Information about Deposit Protection template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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