Although the Tenancy Deposit Protection (TDP) schemes under the Housing Act 2004 may not apply to occupancy agreements issued by Code Members, Members of the Code (except those specified under paragraph 8 Schedule 1 to the Housing Act 1988 Lettings to Students and listed in Appendix 1and 2 of the Assured and Protected Tenancies (Letting to Students Regulations 1998) agree to protect any deposits collected in accordance with a TDP scheme. This means they will put occupants’ deposits in a government-approved TDP scheme and the scheme will ensure occupants get their deposit back if they meet the terms of their tenancy agreement, do not damage the property and pay their rent and bills. Complaints about a Member not abiding by this section of the Code can be made through the Complaints Procedure.
As part of protecting deposits in a government-approved TDP, Members will ensure that:
Any deposit received will be registered into a TDP scheme within 30 days of the receiving it.
A deposit is returned within 10 days of agreeing how much an occupant will get back.
If there is a dispute, the deposit will be protected in the TDP scheme until a final resolution is reached through the adjudication system of the TDP scheme.
They abide by the decision/s of the TDP scheme’s adjudication system.
They abide by the rules of the TDP scheme in which the deposit is protected.
8.2 The Member must provide occupants with key information about the deposit protection within timescales specified under the rules of the relevant scheme.
8.3 Occupants must be issued with clear written guidelines on cleaning and other arrangements for bringing their occupancy agreement to an end.
8.4 In the event that deductions from deposits are proposed Members will write to the occupant(s) within 10 days after the end of the agreement giving reasons for the delay together with a statement of account providing details of any deductions.
8.5 The Member will also respond promptly to any enquiries relating to any proposed deductions.
8.6 If the deposit is protected in an insurance backed scheme the Member will submit the disputed amount of the deposit within 10 days of the TDP scheme requesting it.