The Housing Act 2004 (as amended) and including any statutory instruments made thereunder.
Actual End Date of Tenancy
The date the tenant leaves the residential property with or without the agreement of the member.
The qualified person appointed by the scheme to make a decision through ADR.
A letting or managing agent acting with the authority of landlord clients to take and protect deposits.
Alternative Dispute Resolution (ADR)
An impartial and legally binding service offered by us to our members and their tenants as an alternative to court action for resolving deposit disputes.
The Application Form that a prospective member completes either online or in paper form.
Assured Shorthold Tenancy (AST)
An assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988.
Any Gregorian calendar day of the year (See definition of ‘working day’).
Client Money Account
A segregated and ring-fenced client money account with a UK clearing bank or building society which is free of lien, charge or adverse claim and is retained for the specific purpose of holding client money only.
NB: Unlawful interference with a client money account is a criminal offence.
A public or private limited company (PLC or LTD), a limited liability partnership (LLP) or a sole trader who uses
a trading name, that owns and lets residential property on an AST with the landlord being the name of the company.
ADR initiated by us when the member fails to respond to notification of a deposit dispute within the statutory time limit.
Department for Communities and Local Government
The Government department which authorises us to run the scheme.
Any money intended to be taken (by the member or otherwise) as security for:
(a) The performance of any obligations of the tenant; or
(b) The discharge of any liability of the tenant’s, arising under or in connection with the tenancy.
NB: This does not include a holding deposit held by a landlord or agent. A holding deposit is an amount of money taken from a prospective tenant by a landlord or agent prior to the parties entering into an AST. The holding deposit can form part of the deposit when the parties enter into the AST and at that point the full deposit amount as stated in the AST should be protected.
When the division of the deposit is being disputed with the scheme.
Deposit Protection Certificate (DPC)
A certificate produced by us confirming the protection of the deposit.
Deposit Protection Fee
The fee payable by the member to us to protect the deposit with our insurance-based scheme.
Un-Protect/Un-Protection/Un-Protecting (of the Deposit)
The ending of the deposit protection by the member or the scheme.
Our bank account designated to hold disputed deposit amounts pending agreement between the parties, or a decision by ADR or the court.
A third party who has contributed to the deposit and is named on the DPC (not guarantor).
Joint Tenancy Agreement
When more than one tenant enters into an AST and all the tenants are jointly and severally responsible for the terms of the AST.
Joint Tenancy Information Form
A Scheme form to assist the member if they protect a deposit relating to joint tenants (see C2.1).
The tenants named on a Joint Tenancy Agreement and who have their deposit protected by the scheme.
An individual(s) who owns and lets residential property on an AST.
A landlord who instructs an agent member to protect their tenant’s deposit(s).
NB: The landlord client must be registered with us by the agent member.
One tenant who is authorised by all joint tenants.
A landlord or agent who is a member of the scheme.
Joining or renewal fees payable by the member for insurance scheme membership.
The period of agent membership (usually twelve months) for which membership fees have been paid (Insurance Scheme only).
The trading name of Tenancy Deposit Solutions Limited (TDSL).
Freehold, leasehold (not by tenancy) or common hold estate interest, whether sole or joint, in residential property.
NB: Ownership by AST, letting of any kind or leases of less than seven years are excluded.
The information a landlord must provide to the tenant with regards to the deposit protection in accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007
The protection of a deposit by a member, with the Scheme.
Statutory regulations imposed by legislation.
Any privately owned property in England and Wales including, a flat, maisonette, part of a building, house or set of rooms let under an AST.
The mydeposits tenancy deposit protection scheme approved by DCLG and administered by us pursuant to the Act.
Statutory Periodic Tenancy (SPT)
When an AST comes to the end of the fixed term and continues with no defined end date (no fixed notice period is given by either party).
NB: Where the term SPT is used, it also means contractual periodic tenancy if the original fixed term agreement contains a clause relating to the continuation of the tenancy at the end of the fixed term.
A tenancy where a person (usually a tenant under another tenancy), acts as a landlord without owning the residential property.
NB: The scheme will not protect a deposit taken on a sub-letting.
A person who takes a letting and pays rent to a landlord/agent under an AST.
Three months means three calendar months, for example;
1st January to 31st March or 15th January to 14th April.
A person with an address at which they are permanently resident (i.e. not out of the country for more than three months at a time) in the United Kingdom (excluding the Isle of Man but including the Channel Islands) or a serving member of HM Forces stationed outside the United Kingdom for operational purposes
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