Tenancy Agreement For 8 Berkeley Court, Reading, Berkshire, RG1 6LH - Encrypted - PDF

ASSURED SHORTHOLD TENANCY AGREEMENT
for letting a residential dwelling
Important Notice:
This document contains the Terms of the Tenancy and sets out the promises made by the Landlord and the Tenant to
each other. Both parties should read this document carefully and thoroughly and ask to be shown copies of any
document referred to in this Agreement. Once signed and dated this Agreement will be legally binding and may be
enforced by a court. Make sure that it does not contain terms with which either party does not agree and that it does
contain everything both parties want to form part of the Agreement. Both parties are advised to obtain confirmation in
writing when the Landlord gives the Tenant consent to carry out any action under this Agreement. If either party is in
any doubt about the content or effect of this Agreement, we recommend that you seek independent legal advice
before signing
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Tenant’s Initials:
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{{Tenant1_es_:signer1:initials}}
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{{Tenant3_es_:signer3:initials}} {{Tenant4_es_:signer4:initials}}
The Particulars
This Agreement is intended to create an Assured Shorthold Tenancy between the Landlord and the Tenant as defined by Section
19A of the Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possession set out in
Section 21 of that Act.
Date: 31/07/2019
The “Landlord” is: DONALD FRANCIS MORGAN
BEHIYE BERRIN MORGAN
The “Tenant” is: PAUL BROWN

8 BERKELEY COURT, READING, BERKSHIRE, RG1 6LH
MARTIN HEWIS
Landlords Agent: Purplebricks Group PLC, Cranmore Place, Cranmore Drive, Solihull, B90 4RZ
The Landlord notifies the Tenant that according to sections 47 and 48 of the Landlord and Tenant Act 1987 the address at which
notices (including notices in proceedings) or other written requests may be sent or served on the Landlord is as above.
Property: The dwelling known as 8 BERKELEY COURT, READING, BERKSHIRE, RG1 6LH,
Contents:
The fixtures and fittings at the Property together with any furniture, carpets, curtain and other
effects listed in the Inventory
Term: For the term of 12 MONTHS commencing on 01/09/2019
Rent: £1,100.00 / ONE THOUSAND, ONE HUNDRED POUNDS PER MONTH
Payment:
in advance by equal cleared payments on the 1st of each month, via bank transfer to
Account Name: Purplebricks Group PLC Client Account, Account number: 73263576, Sort
code: 20-93-12
Deposit:
A deposit of £1,427 is paid by the Tenant to the Agent. The deposit is held by the Agent as
Stakeholder. The Agent is a member of the Deposit Protection Service (see Schedule 4,
Section 9).
Interest: Any interest earned will belong to the Deposit Protection Service.
(All tenants named on the contract) (Purplebricks on behalf of the landlord)
Signatures: Date: Signature Date:
Pbrown
{ {Tenant1_es_:signer1:signature}}
Pbrown (Aug 12, 2019)
{Aug 12, 2019
{Tenant1_es_:signer1:date }} { {TenancyManager_es_:signer5:signature}} {{TenancyManager_es_:signer5:date }}
{ {Tenant2_es_:signer2:signature}} {{Tenant2_es_:signer2:date }}
{ {Tenant4_es_:signer4:signature }} {{Tenant4_es_:signer4:date }}
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The Main Terms of the Tenancy
Definitions and Interpretation
In this Agreement the following definitions and interpretation apply:
“Landlord” means anyone owning an interest in the Property, whether freehold or leasehold, entitling them to
possession of it upon the termination or expiry of the Tenancy and anyone who later owns the Property.
“Tenant” means anyone entitled to possession of the Property under this Agreement.
“Joint and several” means that when more than one person comprise the Tenant, they will each be responsible for
complying with the Tenant’s obligations under this Agreement both individually and together. The Landlord may seek
to enforce these obligations and claim damages against any one or more of those individuals.
“Property” includes any part or parts of the building, boundaries, fences, garden and outbuildings belonging to the
Landlord unless they have been specifically excluded from the Tenancy. When the Tenancy is part of a larger building
the Property includes the use of common access ways and facilities.
“Fixtures and Fittings” means references to any of the fixtures, fittings, furniture, furnishings or effects, floor, ceiling
or wall coverings.
“Inventory and Schedule of Condition” means the document drawn up prior to the commencement of the Tenancy by
the Landlord or Inventory Clerk which shall include the Fixtures and Fittings in the Property and their condition at the
time.
“Term” or “Tenancy” means the initial Term and includes any extension or continuation of the contractual Tenancy or
any statutory periodic Tenancy arising after the expiry of the original Term.
“Deposit” means the money held by the Landlord or Landlords agent in a stakeholder capacity during the Tenancy in
case the Tenant fails to comply with the terms of this Agreement.
“Stakeholder” means that the Landlord can only make deductions from the Deposit at the end of the Tenancy with
the written consent of the Tenant.
“Notice Period” means the amount of notice that the Landlord and Tenant must give to each other to bring the
Tenancy to an end.
“Stamp Duty Land Tax” means the tax payable (if applicable) by the Tenant to the Stamp Office on the signing of this
Agreement, if the Rent after discount exceeds the threshold. Further information can be obtained from the Inland
Revenue website on www.hmrc.gov.uk/so.
“Emergency” means where there is a risk to life or damage to the fabric of the Property or Fixtures and Fittings
contained in the Property.
“Superior Landlord” means the person for the time being who owns the interest in the Property, which gives him the
right to possession of the Property at the end of the Landlord’s lease of the Property.
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“Head Lease” or “Superior Lease” means the document, which sets out the promises the Landlord has made to the
Superior Landlord. The promises contained in this Head Lease will bind the Tenant if he has prior knowledge of
those promises.
“Working day” means any day excluding a Saturday, Sunday or a Bank Holiday.
“References” to the singular include the plural and references to the masculine include the feminine.
The Tenant and Landlord agree that the laws of England and Wales shall apply to this Agreement.
The headings used in the Agreement do not form part of the terms and conditions or obligations for either the Landlord
or the Tenant and are for reference purpose only.
Possession of the Property

The basis upon which the Landlord can recover possession from the Tenant, during the fixed term, are set out in the
Grounds of Schedule 2 of the Housing Act 1988, (as amended) and which are referred to in this Agreement are as
follows:
Mandatory Grounds:
Ground 2: The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—
(a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by
section 101 of the Law of Property Act 1925; and
(b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it
with vacant possession in exercise of that power; and
(c) either notice was given as mentioned in Ground 1 [Housing Act 1998 (as amended)] or the
court is satisfied that it is just and equitable to dispense with the requirement of notice;
and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed
accordingly.
Ground 8: Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for
possession and at the date of the hearing—
(a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
(b) if rent is payable monthly, at least two months’ rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three months’ rent is more than three months in arrears; and for
the purpose of this ground “rent” means rent lawfully due from the tenant.
Discretionary Grounds:
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Ground 10: Some rent lawfully due from the tenant—
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the
service of the notice under that section relating to those proceedings.
Ground 11:
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the
tenant has persistently delayed paying rent which has become lawfully due.
Ground 12:
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not
performed.
Ground 13:
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste
by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the
case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant
of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the
lodger or sub-tenant.
For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-
house and any other premises which the tenant is entitled under the terms of the tenancy to use in
common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.
Ground 14:
The tenant or a person residing in or visiting the dwelling-house—
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person
residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of—
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the dwelling-house.
Ground 14a:
The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who
are civil partners of each other, a couple living together as husband and wife or a couple living together
as if they were civil partners and—
(a) one or both of the partners is a tenant of the dwelling-house,
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing
trust,
(c) one partner has left the dwelling-house because of violence or threats of violence by the other
towards—
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately
before the partner left, and
(d) the court is satisfied that the partner who has left is unlikely to return.
For the purposes of this ground “registered social landlord” and “member of the family” have the same
meaning as in Part I of the Housing Act 1996 and “charitable housing trust” means a housing trust,
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within the meaning of the Housing Associations Act 1985, which is a charity within the meaning of the
Charities Act 1993.
Ground 15: The condition of any furniture provided for use under the tenancy has, in the opinion of the court,
deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house
and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the
tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or
sub-tenant.
Ground 17: The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was
induced to grant the tenancy by a false statement made knowingly or recklessly by—
(a) the tenant, or
(b) a person acting at the tenant’s instigation.
1. The Landlord and Tenant Agreement

1.1 The Tenant will observe and perform the Tenants’ obligations as set out in Schedule 1 to this Agreement.
1.2 The Landlord will observe and perform the Landlord’s obligations as set out in Schedule 2 to this Agreement.
1.3 The Landlord and the Tenant agree and confirm the declarations, provisions notices as set out in
Schedule 3 to this Agreement.
1.4 The Landlord and the Tenant will observe and perform the obligations as set out in Schedule 4 to this Agreement.
1.5 The Landlord and the Tenant will observe and perform the obligations as set out in Schedule 5 of this
Agreement.
Schedule 1
Obligations of the Tenant
The following clauses set out what is expected of the Tenant during the Tenancy in addition to the main terms found in
this Agreement. If any of these terms are broken, the Landlord may be entitled to deduct monies from the Deposit,
claim damages from the Tenant or seek the court’s permission to have the Tenant evicted from the Property because
of the breach.
General
1. Any obligation upon the Tenant under this Agreement to do or not to do anything shall also require the Tenant
not to permit or allow any licensee or visitor to do or not to do that thing.
2. To be responsible and liable for all the obligations under this Agreement as a joint and several Tenant if the
Tenant forms more than one person if applicable, as explained in Definitions & Interpretation contained within
The Main Terms of the Tenancy.
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Paying Rent
3. To pay the Rent in the manner set out by this agreement whether or not it has been formally demanded (by
standing order on the rental due date). This will only be considered received by the Landlord or Landlords agent
when it has cleared into their bank account, not when it is paid by the tenant.
3.1. Rent cannot be withheld due to maintenance issues (such as washing machine breakdown, boiler breakdown) if
the Landlord or Landlords agent has instigated remedial action.
4. Any monies paid by a third party as agent of, or on behalf of, the Tenant (including monies paid as rent before or
during the Tenancy) do not constitute a tenancy between the Landlord and the third party or the Tenant and the
third party.
Further Charges to be paid by the Tenant
5. To pay the Council Tax (or any similar charge which replaces it) in respect of the Property either directly to the
local authority, or by paying that sum to the Landlord where the Landlord has paid that sum to the local
authority (whether legally required to do so or not) within 14 days of receiving a written request for such monies
and to pay costs incurred by the Landlord as a result of the Tenant ceasing to occupy the Property as his main
and principal home during the Tenancy.
6. To pay all charges falling due for the following services used during the Tenancy and to pay the proportion of
any standing charge for those services which reflects the period of time that this Agreement was in force:
a.Gas;
b.Water including sewerage and other environmental services;
c.Electricity;
d.Any other fuel charges;
e.Telecommunications (including telephone, internet and Sky/Cable television)
7. To pay to the Landlord all reasonable costs and expenses (including legal fees) or incurred by the Landlord for
the following:
a.Recovering or attempting to recover any Rent or other monies in arrears;
b.The enforcement of any obligation of the Tenant under this Agreement;
c.The service of any Notice relating to any major breach of this Agreement whether or not court proceedings are
brought;
d.Any re-letting costs or commission incurred by the Landlord if the Tenant vacates the Property early, apart
from according to a relevant break clause detailed in Schedule 5.
8. To pay any reasonable charges or other costs incurred by the Landlord if any cheque provided by the Tenant is
dishonoured or if any Standing Order is withdrawn.
9. To pay the television licence regardless of the ownership of the television set.
10. To pay any reasonable amount incurred by the Landlord when the Landlord is reasonably entitled to do
anything or seek compensation to remedy any breach of this Agreement by the Tenant; within seven days of
written demand, unless alternatively the Landlord decides to deduct the amount from the Deposit at the end of
the Tenancy.
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The Condition of the Property: Repair, Maintenance and Cleaning
11. To take reasonable steps to keep the interior of the Property and the Fixtures and Fittings in the same
decorative order and condition throughout the Term as at the start of the Tenancy, as noted in the Inventory and
Schedule of Condition (if applicable). The Tenant is not responsible for the following: a.Fair wear and tear;
b.Any damage caused by fire unless that damage was caused by something done or not done by the Tenant or
any other person permitted by the Tenant to reside, sleep in, or visit the Property;
c.Repairs for which the Landlord has responsibility (these are set out in Schedule 2 of this Agreement);
12. To pay to the Landlord the cost of any repairs of any mechanical and electrical appliances belonging to the
Landlord arising from misuse or negligence by the Tenant, his family, or his visitors.
13. Upon any repairs or other matters falling within the Landlord’s obligations to repair the Property coming to the
notice of the Tenant, the Tenant shall immediately notify the Landlord in writing of the such matters.
14. To keep the Property and Fixtures and Fittings in a clean and tidy condition.
15. To clean the inside and outside of the easily accessible windows regularly and at the end of the Tenancy as
shown in the Inventory and Schedule of Condition (if applicable).
16. To clean the chimneys once a year provided they were cleaned at the start of the Tenancy. (if applicable)
17. To keep all smoke alarms in good working order provided they were working at the start of the Tenancy, by
replacing batteries where necessary.
18. To inform the Landlord promptly if the smoke alarm requires maintenance or repair.
19. To replace promptly all broken glass with the same quality glass where the breakage was due to the negligence
of the Tenant, his family, or his visitors.
20. To take all reasonable precautions to prevent damage occurring to any pipes or other installation in the Property
that may be caused by frost, provided the pipes and other installations were adequately insulated at the start of
the Tenancy.
21. To replace all dead and broken electric light bulbs, fluorescent tubes, fuses and batteries.
22. To make good, or compensate for, any failure by the Tenant to comply with the obligations set out in Schedule 1
of this Agreement, or replace any damaged items with articles of the same sort and equal value.
23. To carry out any work or repairs that the Tenant is required to carry out under this Agreement, the Landlord has
given the Tenant written notice of those repairs; or to authorise the Landlord to have the work carried out at the
Tenant’s expense. Where this obligation has not been met, the Landlord may enter the Property
(provided the Tenant has been given at least 24 hours’ notice in writing) with workmen, to carry out any repairs
or other works. The reasonable cost of any repairs or work will be charged to and paid for by the Tenant.
24. To take all reasonable precautions to prevent condensation by keeping the Property adequately ventilated and
heated and if any condensation occurs to mop up any water promptly to prevent mould growth.
25. To take reasonable precautions to keep all gutters sewers drains sanitary apparatus water and waste pipes air
vents and ducts free of obstruction.
26. To clear or pay for the clearance of any blockage or over-flow when any occur in any of the drains, gutters,
down-pipes, sinks, toilets, or waste pipes, which serve the Property, if the blockage is caused by the negligence
of, or the misuse by the Tenant, his family or any visitors.
27. To take all reasonable precautions to prevent infestation of the Property and to pay for the eradication of any
infestation caused by the negligence, action or lack of action of the Tenant, his family or his visitors and to
contact the proper authorities with details of any occurrence of any notifiable infectious or contagious illness or
disease.
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28. To ensure that the water softener, if applicable, is operational throughout the Tenancy and to provide and fill the
water softener with salt as and when necessary as specified in the written instructions given to the Tenant at the
start of the Tenancy.
Insurance
29. Not to do or fail to do anything that leads to the Landlord’s policy on the Property, or Fixtures and Fittings not
covering any part of the losses covered by the policy, provided a copy of the policy has been given or shown to
the Tenant at the start of the Tenancy or within a reasonable time thereafter.
30. To pay to the Landlord all reasonable sums paid by the Landlord for any increase in the insurance premium for
the policy, or necessary expenses incurred as a result of a failure by the Tenant, his family, or visitors, to comply
with Schedule 1 of this Agreement. The Landlord will not in turn hold the tenant liable to pay for rectifying
damage
which has been paid for by the insurers.
31. To immediately inform the Landlord in writing of any loss or damage to the Property or Fixtures and Fittings,
promptly upon the damage coming to the attention of the Tenant.
32. To provide the Landlord with details of any loss or damage, within a reasonable time of that loss or damage
having come to the attention of the Tenant.
33. The Tenant is warned that the Landlord’s policy does not cover his possessions and is strongly advised to
insure his belongings (including clothing and perishable food stuffs) with a reputable insurer.
Access and inspection
34. To allow the Landlord, any Superior Landlord, his agent, professional advisers, or authorised contractors to
enter the Property with or without workmen and with all necessary equipment. Except in an emergency, the
Landlord will give the Tenant not less than 24 hours written notice. The Tenant is only required to allow access
when: a.The Tenant has not complied with a written notice under clause 13 of Schedule 1 of this Agreement
and the
Landlord wishes to enter the Property in accordance with that clause;
b.The Landlord or an appointed contractor seeks to carry out work for which the Landlord is responsible
(those responsibilities are set out in Schedule 2 of this Agreement);
c.A professional adviser has been appointed by or authorised by the Landlord to visit or inspect the Property;
d.The safety check of the gas and electrical appliances are due to take place;
e.The Landlord wishes to inspect the Property;
f. To comply with statute and the proper request of any statutory body.
g.To allow the Property to be viewed by prior mutually acceptable appointment (which shall not be
unreasonably withheld), during normal working hours and at weekends, and upon the
Tenant being given at least 24 hours’ notice in writing, following a request by any person who is (or is acting
on behalf of) the Landlord and who is accompanying a prospective purchaser or tenant of the Property.
35. To allow the Landlord to erect a reasonable number of “For Sale” or “To Let” signs at the Property, during the
last two months’ of the Tenancy.
36. To permit access by appointment (which shall not unreasonably be withheld) to the other professional advisors
in order to carry out any works required in accordance with the Party Walls Act 1996.
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Assignment
37. Not to assign, sublet, part with, or share the possession of all or part of the Property with any other person
without the Landlord’s prior written consent.
38. Not to take in lodgers or paying guests or allow any person other than the person named as the Tenant or
Permitted Occupier in this Agreement to occupy or reside in the Property unless the Landlord has given his prior
written consent.
Use of the Property

39. use the Property only as a private residence for the occupation of the Tenant.
40. Not to register a company at the address of the Property.
41. Not to run a business from the Property.
42. Not to use the Property for any illegal or immoral purpose.
43. Not to hold or allow any sale by auction at the Property.
44. Not to use or consume or allow to be used or consumed any drugs or any other substance which is, or
becomes, prohibited or restricted by law other than according to any conditions required for the legal use of
such restricted substances.
45. Not to use the Property or allow others to use the Property in a way which causes noise which can be heard
outside the Property between 10pm and 8am or a nuisance annoyance or damage to any neighbouring,
adjoining or adjacent property or the owners or occupiers of them.
46. Not to decorate or make any alterations or additions to or in the Property without the prior written consent of
the Landlord which will not be unreasonably withheld.
47. Not to alter nor interfere with the construction or arrangement of the Property, or the Landlord’s Fixtures and
Fittings.
48. Not to damage the floors, wiring, pipes or drains of the Property.
49. Not to alter or to have made altered or extended any electrical wiring, plumbing or gas installation in the
Property.
50. Not to remove the Fixtures and Fittings of the Property or to store them in any way or place inside or outside
the Property (including any loft, cellar, garage or outbuilding) which could reasonably lead to damage to the
Fixtures and Fittings; or to the Fixtures and Fittings deteriorating more quickly than if they had remained in the
same location as at the beginning of the Tenancy.
51. Not to place or erect any aerial, satellite dish, notice, cable equipment, advertisement, sign or board on or in
the Property without the prior consent of the Landlord which will not be unreasonably withheld.
52. To pay all the costs of installation, removal, disposal and repair of any damage done if consent is not granted
or due to a breach of clause 13 of Schedule 1 above.
53. Not to keep any dangerous or inflammable goods, materials or substances in or on the Property, apart from
those required for general household use.
54. Not to alter, injure or affix anything to the walls or woodwork of the Property, or hang any posters, pictures or
other items in the Property using blu-tac, cello tape, picture hooks, nails, adhesive, or their equivalents,
unless written consent has been given by the landlord
55. Not to hang any washing outside the Property.
56. Not to store furniture in the Property in excess of that reasonably required for the Tenant’s living
requirements
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57. To leave the Fixtures and Fittings at the end of the Tenancy in the same places in which they were
positioned at the commencement of the Tenancy as shown in the Inventory and Schedule of Condition (if
applicable) prepared at the start of the Tenancy.
58. Not to sell or otherwise dispose of the Landlord’s Fixtures and Fittings without the Landlord’s prior written
consent.
59. Not to place or leave anything in any common area of the building.
60. Not to throw or allow to be thrown anything whatsoever from the windows of the Property.
61. Not to smoke or permit any guest or visitor to smoke tobacco or any other substance in the Property or in the
common area of the building. The Tenant agrees to bear the cost of any redecoration and professional
cleaning of carpets, upholstery, curtains, blinds and soft furnishings which require cleaning as a result of any
person smoking in the Property or in the common area of the building.
Utilities and Council Tax
62. To notify (and provide meter readings where appropriate) to the suppliers of gas, water, electricity, other fuel
and telephone services or broadband to the Property and the Local Authority that this Tenancy has started.
63. To apply for the accounts for the provision of those services and the council tax to be put into the name of the
Tenant.
64. Not to tamper with., interfere with, alter, or add to, the installations or meters relating to the supply of such
services to the Property and not to install any water meter or prepayment meter without the prior written consent
of the Landlord or his Agent, which will not be unreasonably withheld.
65. Not to change the telephone number without the prior written consent of the Landlord.
66. To inform the Landlord of the change of telephone number promptly if the Tenant is given a new number.
67. Not to change accounts for any utility to a new supplier more than once without the written consent of the
Landlord.
68. To inform the Landlord promptly of the name, address and account number of the new supplier upon any
transfer to a new supplier.
69. To pay any costs incurred by the Landlord transferring the account back to the original supplier at the end of the
Tenancy, or from reverting the supply back, or to, a pre-payment meter. The landlord is also authorised to
charge the tenant for any reasonable costs incurred when arranging this.
70. To pay to the Landlord all costs incurred in the re-connection of any service (including any arrears of payment)
following disconnection of any service whether caused by the Tenant’s failure to comply with clause 6 of
Schedule 1 or by anything done or not done by the Tenant.
71. To pay all outstanding accounts with the utility service providers and the council tax during and at the end of the
Tenancy.
72. To allow the Landlord to disclose the Tenant’s relevant details to a utility supplier comparison service for the
purpose of changing utility providers.
73. To provide a forwarding address to the supplier of the water and sewage service at the end of the Tenancy in
order that any outstanding invoices may be settled. The Tenant agrees that should he not do so (and the
Landlord is unaware of the Tenant’s forwarding address) then the Tenant will remain liable for any cost incurred
by the Landlord because the Tenant failed to notify the supplier accordingly.
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Animals and Pets
74. Not to keep any animals or birds or reptiles (whether domestic or otherwise) in or on the Property without the
prior written consent of the Landlord which will not be unreasonably withheld but may be withdrawn upon giving
reasonable notice.
Leaving the Property Empty
75. To notify the Landlord in writing before leaving the Property vacant for any continuous period of more than 21
consecutive days during the Tenancy.
76. To comply with any conditions set out in the Landlord’s insurance policy and boiler instruction manual for empty
Property, provided a copy has been given or shown to the Tenant at the start of the Tenancy or within a
reasonable time thereafter. This provision shall apply whether or not the Landlord has been or should have been
notified of the tenant’s absence.
Locks and Alarms
77. To fasten all locks and bolts on the doors and windows when the Property is empty and at night.
78. To set the burglar alarm when the Property is vacant. (if applicable)
79. pay any call-out charges or other charges incurred by the Landlord where the Tenant, his family or visitors has
accidentally or negligently set off the burglar alarm.(if applicable)
80. Save in an emergency, not to install or change any locks in the Property without the prior written consent of the
Landlord, which will not be unreasonably withheld, If any locks are installed or changed, the Tenant shall
provide the Landlord or his Agents with two full sets of keys to the new locks as soon as reasonably possible.
81. Not to have any further keys cut for the locks to the Property without the prior written consent of the Landlord or
Agent (which shall not be unreasonably withheld) and in such case to notify the Landlord of the number of
additional keys cut.
Garden (if any)
82. To keep the garden, and patios if any in the same condition and style as at the commencement of the Tenancy.
83. To keep the borders, paths, and patios, if any, in good order and weeded.
84. To cut the grass regularly during the growing season.
85. Not to lop, prune, remove or destroy any existing plants, trees or shrubs, without the written consent of the
Landlord.
86. Not to neither alter the layout of the garden nor remove any garden furniture or ornaments.
87. To provide water for plants, trees, shrubs and grassed area unless the water provider prohibits this. The Tenant
shall not be liable for any plant dying, provided that it has been regularly watered according to its type.
88. To allow any person authorised by the Landlord if applicable access to the Property for the purpose of attending
to the garden by prior mutually agreed appointment (which shall not be unreasonably withheld).
House Plants
89. For the avoidance of doubt the Tenant will not be under any obligation to pay for or to replace any houseplant that
has been left in the Property, if the houseplant dies, unless by prior written agreement. (If applicable)
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Cars and Parking
90. To park in the car parking space, garage or driveway allocated to the Property, if applicable.
91. To keep any driveway, or parking space free of oil and to pay for the removal and cleaning of any spillage
caused by a vehicle of the Tenant, his family, contractors or visitors.
92. To remove all vehicles belonging to the Tenant, his family or visitors at the end of the Tenancy.
93. Not to park any vehicle at the Property that is not in road worthy condition and fully taxed.
Refuse
94. To remove or pay for the removal of all rubbish from the Property, during and at the end of the Tenancy.
95. To place all refuse in the dustbin or receptacle made available.
96. To dispose of all refuse through the services provided by the local authority and comply with any Local Authority
regulations or byelaws.
Notices
97. To forward any notice order or proposal affecting the Property or its boundaries to the Landlord or his Agent
promptly upon it coming to the attention of the Tenant and in particular any notices or orders under the Party
Walls etc. Act 1996.
98. To forward promptly all correspondence addressed to the Landlord at the Property to the Landlord.
Inventory and Checkout

99. To agree that the check-in report of the Inventory and Schedule of Condition given to the Tenant at the start of
the Tenancy will be regarded as a true record of the condition of the Property and will be used to assess all
damage for check-out purposes at the end of the Tenancy, if a signed copy with any amendments or alterations
is not returned to the Landlord within seven days of its receipt by the Tenant.
100.To allow access for the check of the Inventory and Schedule of Condition at the termination or earlier ending of
the Tenancy following receipt of reasonable notice from the Landlord.
101.To pay the additional cost incurred by the Landlord or the inventory clerk in making and attending a second
appointment to check the Inventory and Schedule of Condition at the end of the Tenancy if the Tenant or his
agent fails to attend a mutually agreed initial appointment.
102.To agree that if either the Tenant or his agent does not attend a second appointment to check the Inventory and
Schedule of Condition, having also failed to attend the first appointment, that a check out report will be prepared
at the second appointment
Head Lease (if any)

103.To comply with the obligations of the Head Lease as far as these relate to the occupier of the Property provided
a copy of the obligations is attached to or included within Schedule 5 of this Agreement and to reimburse the
Landlord for any costs caused by any breach of such obligations.
Energy Performance Certificates

104.To confirm that the Tenant has been provided with a Certificate which satisfies the requirements of the Energy
Performance of Buildings (Certificates and Inspections) (England and Wales) Order 2007 prior to the signing of
this Agreement.
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End of the Tenancy
105.To clean to a good standard, and pay for the professional cleaning of the Property and Fixtures and Fittings at
the end of the Tenancy, to the same standard to which the Property and Fixtures and Fittings were cleaned prior
to the start of the Tenancy, as stated in the check in report of the Inventory and Schedule of Condition.
Receipts of this will need to be provided to the Landlord at the end of the Tenancy. (if applicable).
106.To arrange for the reading of the gas, electricity and water meter, if applicable, at the end of the Tenancy and
the departure of the Tenant from the Property. To permit the Landlord at the termination or earlier ending of the
Tenancy to give the forwarding address of the Tenant to the suppliers of the service providers set out in clause
6 of Schedule 1 and to the local authority.
107.To provide any alarm codes and return all keys, including any additional keys, remote controls, or security
devices to the Landlord at the end of the Tenancy (whether before or after the Term of this Agreement).
108.To pay for the cost of replacement remote controls or other security devices that have been lost or not returned
at the end of the Tenancy.
109.To pay for the cost of replacement locks and keys if any keys have been lost or not returned at the end of the
Tenancy.
110.To remove or pay for the removal of all refuse and rubbish belonging to the Tenant at the end of the Tenancy
and dispose of it in the receptacle provided or arrange and pay for its disposal by the local authority at the end of
the Tenancy.
111.To remove all belongings, personal effects, foodstuffs or equipment of the Tenant from the Property at the end
of the Tenancy.
112.To vacate the Property within normal office hours or at a time agreed with the Landlord.
113.To provide a forwarding address to the Landlord by the last day of the Tenancy.
114.To pay all reasonable removal and/or storage charges when small items are left in the Property, which can be
easily moved and stored by the Landlord for a maximum of fourteen days.
115.Charges will only be incurred where the Landlord has given the Tenant written notice addressed to the Tenant at
the forwarding address provided by the Tenant, or in the absence of any address after making reasonable
efforts to contact the Tenant; that items have not been cleared; and the Tenant has failed to collect the items
promptly thereafter. If the items are not collected within fourteen days of the Tenant being notified the
Landlord may dispose of the items and the Tenant will be liable for all reasonable costs of disposal; the costs of
which may be deducted from any sale proceeds or the Deposit. If there are any remaining costs after the above
deductions have been made they will remain the liability of the Tenant.
116.To pay an amount equivalent to the daily Rent and other monies under the Particulars of this Agreement if the
Property is left full of bulky furniture, or a large amount of other bulky and heavy discarded items belonging to
the Tenant; which may prevent the Landlord residing in, re-letting, selling or making any other use of the
Property until the items are removed; or the Landlord remove, store, or dispose of the items after giving the
Tenant at least fourteen days written notice, addressed to the Tenant at the forwarding address provided by
the Tenant; or in the absence of any address after making reasonable efforts to contact the Tenant and the
Tenant will be liable for all reasonable costs of disposal; the costs of which may be deducted from any sale
proceeds or the Deposit. If there are any remaining costs after the above deductions have been made they will
remain the liability of the Tenant.
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Periodic Tenancy
117.Should the Tenancy not be brought to an end at the conclusion of the Term of this Agreement then the Tenant
acknowledges that he must give the Landlord not less than one month’s written notice, which must also expire
on the last day of a period of the continuation tenancy.
Cash Payment of Rent

118. Should payment of rent be made by cash deposit into the nominated bank account, a charge of 70p per £100 will
be payable by the Tenant.
Schedule 2
Conditions to be kept by the Landlord
1. The following clauses set out what can be expected from the Landlord during the Tenancy in addition to the
main terms found in the Tenancy Agreement. If any of these terms are broken, the Tenant may be entitled to
claim damages from the Landlord, or ask a court to make the Landlord keep these promises.
Quiet Enjoyment
2. To allow the Tenant to quietly hold and enjoy the Property during the Tenancy without any unlawful interruption
by the Landlord or any person rightfully claiming under, through or in trust for the Landlord.
Consents
3. Where the Landlord confirms that he is the sole owner of the Property and to confirm that all necessary
consents have been obtained to enable the Landlord to enter this Agreement (whether from a Superior
Landlord, lender, mortgagee, insurer, or others).
Statutory Repairing Obligations

4. To comply with the obligations to repair the Property as set out in sections 11 to 16 of the Landlord and Tenant
Act 1985 (as amended by the Housing Act 1988). These sections impose on the Landlord obligations to repair
and keep in good order:
a.The structure of the Property and exterior (including drains, gutters and pipes);
b.Certain installations for the supply of water, electricity and gas;
c.Sanitary appliances including basins, sinks, baths and sanitary conveniences;
d.Space heating and water heating; but no other fixtures, fittings, and appliances for making use of the supply
of water and electricity. This obligation arises only after notice has been given to the Landlord by the
Tenant as set out in clause 34 of Schedule 1 of this Agreement.
5. To repay to the Tenant any reasonable costs incurred by the Tenant to remedy the failure of the Landlord to
comply with his statutory obligations as stated in clause 4 (a) of Schedule 2 above.
Insurance
6. To insure the Property and the Fixtures and Fittings under a general household policy with a reputable insurer
for the full reinstatement value.
7. To provide a copy of the relevant insurance certificate and policy to the Tenant at the start of the Tenancy or as
soon as possible thereafter.
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Other Repairs
8. To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and
forming part of the Fixtures and Fittings, unless the lack of repair is due to the negligence or misuse of the
Tenant, his family, or visitors.
9. To provide and maintain the Fixtures and Fittings in good repair and replace any of the items that may become
defective due to fair wear and tear during the Tenancy except if the damage has been caused by the Tenant, his
family or any visitors, insofar as the Tenant is liable to keep the Property in repair under Schedule 1 of this
Agreement.
Safety Regulations
10. To confirm that all the furniture and equipment left in the Property by the Landlord complies with the Furniture
and Furnishings (Fire) (Safety) Regulations 1988 as amended in 1993.
11. To confirm that all gas appliances comply with the Gas Safety (Installation and Use) Regulations 1998 and that
a copy of the safety check record is given to the Tenant at the start of the Tenancy and annually thereafter.
12. 12.To confirm that all electrical appliances comply with the Electrical Equipment (Safety) Regulations 1994, and
the Plugs and Sockets, etc. (Safety) Regulations 1994.
13. To ensure that any contractor carrying out electrical work at the Property is a competent person and is a
member of an approved scheme (if applicable)
Head Lease (if any)

14. To comply with all the obligations imposed upon the Landlord by a Superior Landlord if the Property is held
under a Superior Lease.
15. To take all reasonable steps to ensure that the Superior Landlord complies with the obligations of the Superior
Lease.
16. To provide a copy of the relevant sections of the Head Lease to the Tenant at the start of the Tenancy.
17. To pay all charges imposed by any Superior Landlord for granting this Tenancy.
Other Taxes
18. To pay all taxes service charges and other outgoings payable in respect of the Property during the tenancy
except for Council Tax or other charges agreed to be paid by the Tenant
Inventory and Check Out

19. To equally share with the Tenant the cost (if any) of checking the Inventory and Schedule of Condition at the start
of the Tenancy.
Possessions and Refuse

20. To remove or pay for the removal of all rubbish and items which are not to be left by the Landlord for the
Tenant’s use during the Tenancy.
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Schedule 3
General Conditions
The following clauses set out the ways in which this Agreement may be brought to an end by either party. In addition,
these clauses set out the procedures which the Tenant or Landlord shall use when the Tenancy is brought to an end.
It is agreed between the Landlord and Tenant as follows:
Ending the Tenancy and Re-entry

1. If at any time:
a. The Rent, or any part of it remains unpaid for 14 days after falling due, whether formally demanded or not; or
b. If any Agreement or obligation of the Tenant is not complied with; or
c. If any of the grounds set out in Schedule 2 of the Housing Act 1988 (as amended) being grounds 2, 8, 10. 11,
12, 13, 14, 15 or 17 are made out (see Definitions); the Landlord may give written Notice to the Tenant that
the Landlord seeks possession of the Property. If the Tenant does not comply with that Notice the Landlord
will bring this Agreement to an end and re-gain possession of the Property by complying with his statutory
obligations; obtaining a court order; and re-entering the Property with the County Court Bailiff. When the
Bailiff enforces a possession order the right for the Tenant to remain in the Property will end. This clause
does not prejudice any other rights that the Landlord may have in respect of the Tenant’s obligations under
this Agreement.
Early Termination
2. If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is
included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other
monies payable under this Agreement until the Term expires, as well as any costs incurred by the landlord in the
re-letting of the property
Interruptions to the Tenancy

3. If the Property is destroyed or made uninhabitable by fire or any other risk against which the Landlord has
insured, Rent will cease to be payable until the Property is reinstated and rendered habitable; unless the
insurance monies are not recoverable (whether in whole or in part) because of anything done or not done by the
Tenant, his family or his visitors; or the insurer pays the costs of re-housing the Tenant. To avoid doubt between
the parties the Landlord has no obligation to re-house the Tenant in such case either party may immediately
terminate this Agreement by giving written notice to the other party and any rent already paid by
the Tenant in respect of any unexpired period of the Tenancy shall be repaid to the Tenant by the Landlord.
Data Protection Act 2018 and General Data Protection Regulation
4. It is agreed that personal information of both the Landlord and the Tenant will be retained by the Agent only
for as long as absolutely necessary in line with our Information, Retention and Destruction Policy; that present and
future addresses and other contact details of the parties may be provided to each other, to utility suppliers, the local
authority, authorised contractors, credit agencies, reference agencies, legal advisers, debt collectors or any other
interested third party upon formal request and when legitimate use can be evidenced.
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Repossession of Mortgaged Properties (if applicable)
Owner Occupier: Ground 1

6. The Landlord gives notice to the Tenant that possession of the Property may be sought under Ground 1 of Part
1 of Schedule 2 of the Housing Act 1988 in that: At some time before the beginning of the Tenancy the Landlord,
or in the case of joint Landlord at least one of them, occupied the Property as his only or principal home; or, the
Landlord, or in the case of joint Landlords at least one of them, requires the Property as his or his spouse’s only
or principal home.
Mortgagee: Ground 2 (where applicable)

7. The Landlord gives notice to the Tenant that possession of the Property may be sought under Ground 2 of Part 1
of Schedule 2 of the Housing Act 1988 in that:
a.The Property is subject to a mortgage granted before the beginning of the Tenancy and; the mortgagee is
entitled to exercise a power of sale conferred on him by the mortgage or by Section 101 of the Law of Property
Act 1925; and the mortgagee requires possession of the Property for the purpose of disposing of it in exercise
of that power and; either notice was given as mentioned in Ground I above or a Court is satisfied that it is just
and equitable to do so. For the purposes of this Ground “mortgage” includes a charge and “mortgagee” shall
be construed accordingly.
Notices
8. The Tenant shall as soon as reasonably practicable deliver or post on to the address set out in this Agreement
- ‘Service of Notice Address for the Landlord’ any notice or other communication which is delivered or posted to
the Property.
9. The provisions for the service of notices are that if the Landlord deliver by hand any Notices or documents which
are necessary under the Agreement, or any Act of Parliament to the Property by 5.00pm or the last known
address of the Tenant if different; or if the Tenant is a limited company or a corporate body to the registered
address or the last known address of the Tenant; and reasonable evidence is kept of the delivery; the
documents or Notices will be deemed delivered on the next working day; or if any documents or Notices are
sent by registered, or recorded delivery post the documents will be deemed delivered upon proof of delivery
being obtained; or if the documents or Notices are sent by ordinary first class post addressed to the Tenant at
the Property or the last known address of the Tenant if different; and reasonable evidence is kept of the delivery;
the documents or Notices will be deemed delivered two working days later.
10. The provisions as to service of notices contained in section 196 of the Law of Property Act 1925 as extended by
the Recorded Delivery Service Act 1962 shall apply to any notice served under the provisions of this Agreement
or any notice served under statute including notices served on the tenant in accordance with section 8 and
section 21 of the Housing Act 1988 A notice sent by special delivery post or by recorded delivery post is to be
treated as having been delivered in the ordinary course of post which for these purposes shall be the first
working day following the day on which it was posted A “working day” means any day except Saturday Sunday
or a Bank Holiday. A notice left at the Property (which for these purposes will include posting the notice
through the letter box or affixing the notice to the main door or other conspicuous part of the Property) will be
treated as being served on the date it is left at the Property.
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Schedule 4
Dealing with the Deposit
1. The following clauses set out:

a.what the Landlord will do with the Deposit monies paid by the Tenant under The Particulars.
b.what the Tenant can expect of the Landlord, or the Agent ,when the Landlord, deals with the Deposit;
c.the circumstances in which the Tenant may receive less than the sum paid to the Landlord, as a Deposit at the
conclusion of the Tenancy; and
d.the circumstances in which other monies may be requested from the Tenant.
Deposit
2. The Landlord’s Agent shall place the Deposit with the Deposit Protection Service. This will be held by the
service, and any interest earned kept by the DPS.
3. After the Tenancy the Landlord or Landlords Agent is entitled, with the written consent of the Landlord and the
Tenant, to deduct from the sum held as the Deposit any monies referred to in Schedule 1, Clause 6 of this
Agreement. If more than one such deduction is to be made by the Agent, monies will be deducted from the
Deposit in the order listed in Schedule 4 clause 7.
4. The Landlord shall notify the Tenant in writing of any deduction to be made under this Agreement. That notice
shall specify the amounts to be deducted and the reasons for any deductions to be made. No deduction will be
made from the Deposit without the written consent of both parties.
5. After the end of the Tenancy the Landlord shall return the Deposit, except in case of dispute subject to any
deductions made under the Agreement, within thirty days of the end of the Tenancy or any extension of it. If
there is more than one Tenant, the Landlord may, with the written consent of the Tenant, return the Deposit by
cheque to any one Tenant at his last known address.
6. If the amount of monies that the Landlord is entitled to deduct from the Deposit exceeds the amount held as the
Deposit, the Landlord may require the Tenant to pay that additional sum to the Landlord within 14 days of the
Tenant receiving that request in writing.
7. The Landlord and the Tenant may deduct monies from the Deposit to compensate the Landlord for losses
caused for any or all of the following reasons:
a.any damage to the Premises and Fixtures and Fittings caused by the Tenant or arising from any breach of
the Terms of this Agreement by the Tenant;
b.any damage caused or cleaning required due to pets, animals, reptiles, birds, or fish occupying the Premises
(whether or not the Landlord consented to its presence);
c.any sum repayable by the Landlord to the local authority where housing benefit has been paid direct to the
Landlord, by the local authority;
d.any other breach by the Tenant of the Terms of this Agreement;
e.any instalment of the Rent which is due but remains unpaid at the end of the Tenancy;
f. any unpaid account or charge for water, electricity or gas or other fuels used by the Tenant in the Premises;
g.any unpaid council tax;
h.any unpaid telephone or broadband charges.
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8. The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable
under this Agreement on the ground that the Landlord holds the Deposit or any part of it.
9. In the event of a dispute, both parties agree to follow the DPS disputes procedure and to be bound by its
decision.
Protection of Deposit
10. The Deposit is safeguarded by The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99
6AA. Telephone 0330 303 0030.
Schedule 5
1. In addition to Schedule 1 Clause 74. The tenants are not permitted to keep any animals or birds or reptiles
(whether domestic or otherwise) in or on the Property.
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PRESCRIBED INFORMATION RELATING TO TENANCY DEPOSITS*
The Deposit Protection Service
NOTE: The Landlord must supply the Tenant with the Prescribed Information regarding any tenancy deposit required to be
dealt with under the custodial tenancy deposit scheme.
To: PAUL BROWN AND MARTIN HEWIS
1. The name, address and contact details of the Scheme Administrator of the Tenancy Deposit Scheme that is safeguarding your
tenancy deposit is:
The Deposit Protection Service (The DPS)
The Pavilions
Bridgwater Road
Bristol
BS99 6AA
Telephone No. 0844 4727 000
Online: Enquiry Forms are available through the Virtual Customer Service Agent or the Frequently Asked Questions at
www.depositprotection.com
2. Information contained in a leaflet supplied by the Scheme Administrator to the Landlord explaining the operation of the
provisions contained in the statutory scheme. See attached Terms and Conditions.
3. Information on the procedures applying for the release of the deposit at the end of the tenancy.
See attached Terms and Conditions.
4. Procedures that apply under the Scheme where either the Landlord or the Tenant is not contactable at the end of the
tenancy.
5. Procedures that apply under the Scheme where the Landlord and the Tenant dispute the amount to be repaid to you in
respect of the deposit.
6. The facilities available under the Scheme for enabling a dispute relating to the deposit to be resolved without recourse to
litigation.
There is an alternative Dispute Resolution Scheme available enabling an independent adjudicator to decide on any dispute.
See attached Terms and Conditions for further information
* In accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.
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7. Tenancy specific information
(a) Amount of deposit paid.
(b) £1,427 /
(c) Address of property to which the tenancy relates.
Name, address and details of Landlord(s)
Name: DONALD FRANCIS MORGAN AND BEHIYE BERRIN MORGAN

Address including postcode: c/o Purplebricks, Cranmore Place, Cranmore Drive, Solihull, B90 4RZ
Telephone Number: 0121 296 4853
Email address (if any): lettings@purplebricks.com
(d) Name, address and contact details of the Tenant(s).
(1) Name: PAUL BROWN

Address including postcode:
8 BERKELEY COURT, READING, BERKSHIRE, RG1 6LH Telephone number(s): 07904 404
565
Email address(es): PDBROWN69@LIVE.CO.UK
Contact address to be used by The Landlord at the end of the tenancy:
(2) Name: MARTIN HEWIS

Telephone number(s): 07763 956 536

Email address(es): MARTINHEWIS@HOTMAIL.CO.UK
Contact address to be used by The Landlord at the end of the tenancy:
Note: please see Note 3 below regarding the tenant’s or lead tenant’s responsibility to register their contact address with The
DPS and to ensure that address is updated at the end of the tenancy.
 Name of Third Party making the payment:

Telephone number(s):
Email address(es):
Fax Number(s):
Note: If there are additional third parties, please attach a continuation sheet with the same information for the further third
parties.
 Circumstances when all or any part of the deposit may be retained by the Landlord.
Refer to Clause(s) [Schedule 4 Points 4 to 7] of Tenancy Agreement.
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I/We (being the Landlord) certify that –
(i) The information provided is accurate to the best of my/our knowledge and belief
(ii) I/We have given the Tenant(s) the opportunity to sign this document by way of confirmation that the information is
accurate to the best of the Tenant(s) knowledge and belief
Name: Signature: Date:
(Signed by Purplebricks on behalf of the Landlord) { {TenancyManager_es_:signer5:signature}} {{TenancyManager_es_:signer5:date }}
Tenant 1: PAUL BROWN Pbrown

{ {Tenant1_es_:signer1:signature}}
Pbrown (Aug 12, 2019)
{Aug 12, 2019
{Tenant1_es_:signer1:date }}
Tenant 2: MARTIN HEWIS

NOTES
(1) A copy of the Deposit Protection Service Terms and Conditions must be attached to this document. It is available to
download from http://www.depositprotection.com/documents/terms‐and‐conditions.pdf
(2) The tenant(s) and relevant persons (if any) agree that the lead tenant has been nominated by all the joint tenants and any
relevant persons and that the responsibilities of the lead tenant are fully understood by all tenants. The responsibilities
are detailed in Section 8 of the attached Terms and Conditions.
(3) It is the tenant’s or lead tenant’s (where relevant) responsibility to register their contact address with The DPS and to
ensure that address is updated at the end of the tenancy.
(4) The document is provided by The DPS by way of information only. The DPS accepts no liability for its contents. It is the
Landlord(s) responsibility to ensure it is completed accurately, served on the Tenant(s) within 30 days of receipt of the
deposit and to give the Tenant(s) an opportunity to check and sign this document.
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HOW TO RENT 1
HOW TO...
RENT The checklist for

renting in England
Part of the How to Guides series

HOW TO RENT 2
Contents
Assured shorthold tenancies 3 Living in your rented home 8
Who is this guide for? 3 The tenant must... 8
Before you start 4 The landlord must... 9
Renting from a landlord or a letting agent? 4 At the end of the fixed period 10
Ways to rent a property 5 If you want to stay 10
Looking for your new home 5 If you or the landlord want to

end the tenancy 10
Things to check 5 If things go wrong 11
When you’ve found a place 7 Further sources of information 12
Check the paperwork 7
This information is frequently updated.
Search on GOV.UK for How to Rent to ensure you have the latest version.
Landlords cannot use the section 21 (no fault) eviction procedure unless an up-to-date version of this guide
has been provided to the tenant.
The online version contains links you can click on to get more information.
If you do not have internet access, ask your local library to help.
Any references to the Tenant Fees Act apply from 1 June 2019.
May 2019
HOW TO RENT 3
Assured shorthold tenancies

When you enter an assured shorthold tenancy –
the most common type – you are entering into a Who is this guide for?
contractual arrangement.
This guide is for people who are
This gives you some important rights but also some about to rent a house or flat on an
responsibilities. assured shorthold tenancy. Most of it will equally
apply if you are in a shared property but in certain
This guide will help you to understand what questions cases your rights and responsibilities will vary.
to ask, what your rights are, and what responsibilities
you have. The guide does not cover lodgers (people who
live with their landlord) or people with licences –
This will help you create a positive relationship with (such as many property guardians for whom
your landlord, but will also tell you how to get help if specific guidance can be found here) – nor tenants
things go wrong. where the property is not their main or only home.
Take your time to read documents and contracts
carefully. When you rent a home, people sometimes
expect you to make a quick decision, or to sign
documents before you’ve had time to think Links
about them. This guide is best viewed online
You shouldn’t feel forced into a decision and it is as it contains hyperlinks.
important to understand the terms and conditions of If you are reading this on a computer or tablet,
any contract you are agreeing to before you sign it. you can click on the links to go to other websites
Your landlord must provide you with a copy of this with more detailed information.
guide, so use the checklist and keep it safe to They are coloured and underlined like this.
protect yourself from problems at every stage.
On Android or Windows devices, links work
better if you download Acrobat Reader from
get.adobe.com/uk/reader.
HOW TO RENT 4
Before you start

Renting from a landlord or a letting agent?
Key questions:
££ Is the landlord or letting agent trying to the area you want. You should also look at
charge any fees? From 1 June 2019, tenancy this advice about managing rent payments on
deposits are capped and most fees charged in Universal Credit.
connection with a tenancy are banned. There are
also set procedures in place regarding holding ££ Which area you would like to live in
deposits. For more information, please read the and how you are going to look for a
Government guidance on the ban. rented home? The larger the area where you
are prepared to look, the better the chance of
££ How long do you want the tenancy finding the right home for you.
for? You can ask for a tenancy to be any time
between 6 months and 7 years. This has to be ££ Do you have your documents ready?
agreed with the landlord. Landlords and agents will want to confirm your
identity, immigration status, credit history and
££ What can you afford? Think about how possibly employment status.
much rent you can afford to pay: 35% of your
take-home pay is the most that many people ££ Do you have the right to rent property
can afford, but this depends on what your other in the UK? Landlords must check that all
outgoings are (for example, whether you have people aged over 18 living in their property as
children). their only or main home have the right to rent.
They will need to make copies of your documents
££ Are you entitled to Housing Benefit or and return your original documents to you.
Universal Credit? If so, you may get help with
all or part of your rent. If you are renting from a ££ Will you need a rent guarantee? Some
private landlord you will receive up to the Local landlords might ask someone to guarantee your
Housing Allowance (LHA) rate to cover or help rent. If you don’t have a guarantor, you can ask
with the cost of rent. Check with this online Shelter for help.
calculator to see if you can afford to live in
HOW TO RENT 5
Ways to rent a property

Direct from the landlord Through a letting agent
¢¢ Look for landlords who belong ¢¢ It is illegal for letting agents and landlords to charge certain
to an accreditation scheme. fees from 1 June 2019. To check the list of prohibited fees
Accreditation schemes provide and to find out how to report a landlord or letting agent you
training and support to landlords think is breaching the ban, see the government’s guidance
in fulfilling their legal and ethical on the Tenant Fees Act 2019 here. Where a letting agent
responsibilities. Your local is permitted to charge fees, by law, a breakdown of all fees
authority can advise you about should be clearly visible to you in the agent’s office and
accreditation schemes operating website including any third party website they advertise on.
in your area. The National
¢¢ Letting agents must be a member of a redress scheme. You
Landlords Association (NLA),the
should check which independent redress scheme the agent
Residential Landlords Association
is a member of in case you have an unresolved dispute.
(RLA) and the Guild of Residential
Landlords run national schemes. ¢¢ If they receive money from you such as rent payments,
you should also check they are a member of a client
money protection scheme. A list of approved schemes
can be found here. By law, this information should also be
clearly visible to you.
¢ Reputable agents are often accredited through a professional
Watch out for scams! body like ARLA Propertymark, Safeagent, RICS or UKALA.
Be clear who you are handing ¢ Landlords and property agents cannot unlawfully
money over to, and why. discriminate against a tenant or prospective tenant on the
basis of their disability, sex, gender reassignment, pregnancy
or maternity, race, religion or belief or sexual orientation.
Looking for your new home

Things to check
££ Deposit cap. Check that the tenancy deposit up-front (often equivalent to one week’s rent)
you’re being asked for is not more than five and/or a monthly payment for the duration of
weeks’ worth of rent (where annual rent is less your tenancy. With most products you will still be
than £50,000) or six weeks’ rent (where annual responsible for the costs of any damages incurred
rent is more than £50,000). at the end of the tenancy or required to pay an
excess on any claim for damages or unpaid rent.
££ Deposit protection. If the landlord asks for
a deposit, check that it will be protected in a ££ A landlord or agent cannot require you
government approved scheme. Some schemes to use a deposit replacement product
hold the money, and some insure it. You may be but may allow it as an option without
able to access a bond or guarantee scheme that contravening the Tenant Fees Act. There
will help you put the deposit together. Contact are several different products available on the
your local authority for advice. market.
££ You may be offered a deposit ££ Length of tenancy. There is usually a fixed

replacement product as an alternative period of 6 or 12 months. If you want more
to a cash deposit. Depending on the product, security, you can ask for a longer fixed period.
you may be required to pay a non-refundable fee
HOW TO RENT 6
££ Children, smoking and pets. Check if there ££ Safety. Check that the property is safe to live
are any rules about them, as well as for other in. Use the How to rent a safe home to help you
things such as keeping a bike, dealing with refuse identify possible hazards.
and recycling.
££ Fitness for human habitation. Your
££ Bills. Check who is responsible for bills such as property must be safe, healthy and free from
electricity, gas, water and council tax. You or things that could cause serious harm. If not,
the landlord? Usually the tenant pays for these. you can take your landlord to court. For more
Advice on paying bills is available here. information, see the Tenants’ Guide on using the
Homes (Fitness for Human Habitation) Act 2018.
££ Fixtures and fittings. Check you are happy You should also check whether your tenancy
with them, as it is unlikely that you will be able to agreement excuses you from paying rent should
get them changed once you have moved in. the building become unfit to live in because of,
££ Smoke alarms – and carbon monoxide for example, a fire or flood.
detectors. If you have solid fuel appliances like
woodburning stoves or open fires, check carbon
monoxide detectors are provided. If not, your
landlord must install them. They could save
your life.
Check who your landlord is Houses in Multiple Occupation (HMOs)
¢¢ They could be subletting – renting HMOs are usually properties where three or more unrelated
you a property that they are renting people share facilities such as a kitchen or bathroom.
from someone else. If they are
subletting, check that the property Some HMOs must be licensed. Check that your landlord has
owner has consented. the correct licence. Landlords of licensed HMOs / houses
must by law give tenants a statement of the terms on which
Find out who you should speak to if they live in the property.
any repairs need doing.
¢¢ Ask whether the property is

mortgaged. Landlords should
let you know about this upfront,
because you may be asked to leave
the property if the landlord does not
pay their mortgage payments.
HOW TO RENT 7
When you’ve found a place

Check the paperwork
££ Tenancy Agreement. Make sure you have a landlords/letting agents cannot charge certain
written tenancy agreement and read it carefully to fees – see the Government’s guidance for more
understand your rights and responsibilities before information.
you sign it. The landlord or agent usually provides
one, but you can request to use a different ££ Meter Readings. Remember to take meter
version. The government has published a model readings when you move in. This will help make
tenancy agreement which can be downloaded sure you don’t pay for the previous tenant’s bills.
for free. If you have any concerns about the ££ Contact details. Make sure that you have the
agreement, seek advice before you sign. correct contact details for the landlord or agent,
££ Inventory. Agree an inventory (or check‑in including a telephone number you can use in
report) with your landlord before you move in case of an emergency. You are legally entitled to
and, as an extra safeguard, make sure that you know the name and address of your landlord.
take photos. This will make things easier if there ££ Code of practice. Check whether whoever
is a dispute about the deposit at the end of the is managing the property is following a code of
tenancy. If you are happy with the inventory, practice.
sign it and keep a copy. From 1 June 2019,
The landlord must provide you with:
¢¢ A copy of this guide How to rent: The checklist for renting in England either as a hard copy or,
if you agree, via email as a PDF attachment.
¢¢ A gas safety certificate. The landlord must provide one at the start of the tenancy and within
28 days of each annual gas safety check, if there is a gas installation.
¢¢ Deposit paperwork. If you have provided a deposit, the landlord must protect it in a government
approved scheme within 30 days and provide you with prescribed information about it. Make sure
you get the official information from your landlord, and that you understand how to get your money
back at the end of the tenancy. Keep this information safe as you will need it later.
¢¢ The Energy Performance Certificate. This will affect your energy bills and the landlord must
provide one (except for Houses in Multiple Occupation). Properties let on tenancies entered into after
1 April 2018 must have an EPC rating of at least ‘E’ (unless a valid exemption applies).
HOW TO RENT 8
Protection from eviction

If your tenancy started or was renewed after 1 October 2015 your landlord cannot evict you with a Section
21 notice (no fault eviction) if they have not provided you with these documents.
If your local authority has served your landlord with an Improvement Notice related to necessary repairs in
your property, you cannot be evicted with a section 21 notice (no fault eviction).
If there are outstanding prohibited payments or a holding deposit that you are due to have repaid to you
under the Tenant Fees Act 2019, you cannot be evicted with a section 21 notice (no fault eviction).
You can still be evicted with a section 8 notice if you break the terms of your tenancy.
The landlord should also provide you with:
¢¢ A record of any electrical inspections. All appliances must be safe and checks every 5 years
are recommended.
¢¢ Evidence that smoke alarms and any carbon monoxide alarms are in working order at the
start of the tenancy. Tenants should then regularly check they are working.
Living in your rented home

The tenant must…
££ Pay the rent on time. If your rent is more ££ Look after the property. Get your landlord’s
than 14 days late, you could be liable for a permission before attempting repairs or
default fee. For more information, please read decorating. It’s worth getting contents insurance
the Government’s guidance for tenants on the to cover your possessions too, because the
Tenant Fees Act 2019. Further, you could lose landlord’s insurance won’t cover your things.
your home because you have breached your
tenancy agreement If you have problems, GOV. ££ Be considerate to the neighbours.
UK has links to further advice. Check out these Anti-social behaviour may be a reason for your
practical steps for paying your rent on time. landlord to evict you.
££ Pay any other bills that you are responsible ££ Not take in a lodger or sub-let without
for on time, such as council tax, gas, electricity checking whether you need permission from
and water bills. If you pay the gas or electricity your landlord.
bills, you can choose your own energy supplier.
HOW TO RENT 9
The tenant should… The landlord must…

££ Make sure you know how to operate the ££ Maintain the structure and exterior of
boiler and other appliances and know where the the property.
stopcock, fuse box and any meters are located.
££ Ensure the property is free from serious
££ Regularly test your smoke alarms and carbon hazards from the start of and throughout your
monoxide detectors – at least once a month. tenancy.
££ Report any need for repairs to your ££ Fit smoke alarms on every floor and carbon
landlord. There will be a risk to your deposit if a monoxide alarms in rooms with appliances
minor repair turns into a major problem because using solid fuels – such as coal and wood – and
you did not report it. make sure they are working at the start of your
tenancy. If they are not there, ask your landlord
££ And don’t forget to register to vote.
to install them.
If you are responsible for paying the energy bills, ££ Deal with any problems with the water,
you can choose to have a smart meter installed. electricity and gas supply.
Guidance about your rights can be found here ££ Maintain any appliances and furniture they
and information about how to get a smart meter have supplied.
can be found here. We’d recommend that you tell
your landlord before you get one. ££ Carry out most repairs. If something is not
working, report it to your landlord or agent as
soon as you can.
££ Arrange an annual gas safety check by a

Gas Safe engineer (where there are any gas
appliances).
££ Give at least 24 hours notice of visits for

things like repairs – the landlord cannot walk in
whenever they like.
££ Get a licence for the property if it is a

licensable property.
££ Ensure the property is at a minimum of

EPC energy efficiency band E (unless a valid
exemption applies).
The landlord should…

££ Insure the building to cover the costs of any
damage from flood or fire.
HOW TO RENT 10
At the end of the fixed period

If you want to stay notice. If you want to end the tenancy early, you
could be charged for this. The Government’s
Should you wish to extend your tenancy after any initial guidance on the Tenant Fees Act contains more
fixed period, there are a number of important issues to information.
consider. Check Shelter’s website for advice.
Your tenancy agreement should say how much
££ Do you want to sign up to a new fixed notice you must give the landlord if you want to
term? If not, you will be on a ‘rolling periodic leave the property – one month’s notice is typical.
tenancy’. This means you carry on as before but
with no fixed term – your tenancy agreement ££ Return of deposit. Try to be present when
should say how much notice you must give the the property is inspected to check whether any
landlord if you want to leave the property – one of the tenancy deposit should be deducted
month’s notice is typical. Shelter publishes advice to cover damage. If you do not agree with
on how you can end your tenancy. proposed deductions contact the relevant deposit
protection scheme.
££ Your landlord might want to increase
your rent. Your landlord can increase your ££ Rent. Make sure that your rent payments are up
rent by agreement, or as set out in your tenancy to date. Do not keep back rent because you think
agreement, or by following a procedure set out that it will be taken out of the deposit.
in law. ££ Bills. Do not leave bills unpaid. This might have
an impact on your references and credit rating.
The deposit cap introduced by the Tenant Fees Act
££ Clear up. Remove all your possessions, clean
2019 means you may be entitled to a partial refund
the house, take meter readings, return all the
of your tenancy deposit. The Government’s
keys and give a forwarding address. Dispose
guidance on the Act explains whether this affects
of any unwanted furniture via a local collection
you. You can download it here.
service. The landlord is usually entitled to dispose
of possessions left in the property after, typically,
14 days. The landlord must let you know, or try
If you or the landlord want to let you know, that they intend to dispose of
to end the tenancy possessions you leave behind.
The Government has announced that it plans to

put an end to ‘no fault’ section 21 evictions by
changing existing legislation. Landlords will still
be able to issue you with a section 21 notice until
new legislation comes into effect. If you receive a
section 21 notice from your landlord, seek advice
from Shelter or Citizens Advice.
There are things that both landlords and tenants must

do at the end of the tenancy:
££ Giving notice. It is a legal requirement for

landlords to give you proper notice if they want
you to leave. Normally, the landlord must allow
any fixed period of the tenancy to have expired,
and they must have given at least two months’
HOW TO RENT 11
If things go wrong
Most problems can be resolved quickly and easily by talking property agents letting out property if they are
to your landlord or letting agent. There are often legal convicted of certain offences. If a landlord or
protections in place too for the most common problems property agent receives a banning order, they will
that you may experience during the tenancy – the following be added to the database of rogue landlords and
links will tell you what they are or where to look for help: property agents – you can ask your local authority
for more information about this. Landlords or
££ If you have a complaint about a letting agents may also be added to the database if they
agent’s service and they don’t resolve are convicted of a banning order offence or receive
your complaint, you can complain to an 2 or more civil penalties within a 12 month period.
independent redress scheme. Letting agents must
be a member of a government approved redress ££ If a landlord or letting agent charges
scheme. you a ‘prohibited payment’ (a banned
fee according to the Tenant Fees Act 2019) or
££ If you are having financial problems, unlawfully retains a holding deposit they could be
or are falling into rent arrears, speak to your liable for a fine of up to £5,000 and if there are
landlord as they may be helpful, and are likely multiple breaches they could be liable for a fine up
to be more sympathetic if you talk to them to £30,000 as an alternative to prosecution. Local
about any difficulties early on. Should you need authorities are responsible for issuing these fines.
further help contact your local housing authority,
Citizens Advice or Shelter as soon as possible. ££ If your landlord is making unannounced
Check out these practical steps for managing visits or harassing you – contact your local
your rent payments. authority, or if more urgent dial 999.
££ If the property is in an unsafe condition ££ If you are being forced out illegally, contact
and your landlord won’t repair it – contact your the police and your local authority. If your
local authority. They have powers to make landlords landlord wants you to leave the property, they
deal with serious health and safety hazards. must notify you in writing, with the right amount
of notice – you can only be legally removed from
££ You may be able to take your landlord the property with a court order.
to court yourself if you think the property is
not fit for habitation, under the Homes (Fitness
for Human Habitation) Act 2018. The court can If you live with your partner and you separate, you
make the landlord carry out repairs and can also may have the right to carry on living in your home.
make the landlord pay you compensation. If you are concerned about finding another place
££ If you have a serious complaint about to live, then contact the Housing Department of
the property and your local authority has sent your local authority straight away.
a notice to the landlord telling them to make Depending on your circumstances, they may have
repairs, your landlord may not be able evict you a legal duty to help you find accommodation and
with a Section 21 notice (no fault eviction) for 6 they can also provide advice.
months after the council’s notice. You can still be
evicted with a Section 8 notice if you break the Local authorities have legal duties to help people
terms of your tenancy. who are threatened with homelessness within 56
days or are actually homeless.
££ Failure to comply with a statutory notice
is an offence. Depending on the notice, local The local authority should not wait until you are
authorities may prosecute or fine the landlord up evicted before taking action to help you.
to £30,000.
If you are reading a print version of this guide and
££ Local authorities have powers to apply need more information on the links, please
for banning orders which prevent landlords or contact us at 2 Marsham St, Westminster, London
SW1P 4DF or 0303 444 0000
HOW TO RENT 12
Further sources of information

Further information about landlords’ and tenants’
rights and responsibilities can be found here.
Help and advice
The Government’s guidance on the Tenant Fees Act
can be found here. This includes:
¢¢ Citizens Advice – free, independent,
££ What the Tenant Fees Act covers
confidential and impartial advice to everyone
££ When it applies and how it will affect you on their rights and responsibilities.
££ Helpful Q & A ¢¢ Shelter – housing and homelessness charity

who offer advice and support.
¢¢ Crisis – advice and support for people who are
Tenancy deposit protection homeless or facing homelessness.
schemes ¢¢ Your Local Housing Authority – to make
a complaint about your landlord or agent,
Your landlord must protect your deposit with a or about the condition of your property.
government-backed tenancy deposit scheme. ¢¢ Money Advice Service – free and impartial
¢¢ Deposit Protection Service money advice.
¢¢ MyDeposits ¢¢ The Law Society – to find a lawyer.
¢¢ Tenancy Deposit Scheme ¢¢ Gas Safe Register – for help and advice on gas
safety issues.
¢¢ Electrical Safety First – for help and advice on
Client money protection electrical safety issues.
schemes ¢¢ Marks Out Of Tenancy – information for
current and prospective tenants.
Your agent must protect money such as rent
payments through membership of a government
approved money protection scheme. Also in this series
Letting agent redress schemes ¢¢ The government’s ‘How to Rent a Safe Home’
guide helps current and prospective tenants
ensure that a rented property is safe to live in.
Every letting agent must belong to a government-
approved redress scheme. ¢¢ The government’s ‘How to Let’ guide
provides information for landlords and
¢¢ The Property Ombudsman
property agents about their rights and
¢¢ Property Redress Scheme responsibilities when letting out property.
¢¢ The government’s ‘How to Lease’ guide
helps current and prospective leaseholders
Homes (Fitness for Human understand their rights and responsibilities.
Habitation) Act 2018 ¢¢ The government’s ‘How to Buy a Home’
guide provides information to home buyers.
¢¢ Guide for Tenants
¢¢ The government’s ‘How to Sell a Home guide
provides information to those looking to sell
their home.
HOW TO RENT 13
Published by the Ministry of Housing, Communities and Local Government.

© Crown copyright 2019.
Product code 978-1-4098-5259-9.

THE DEPOSIT PROTECTION SERVICE
A TENANT’S GUIDE
Your landlord/letting agent’s responsibilities
If you are renting a property, then you probably will have been asked to pay a tenancy
deposit. In April 2007 it became law that all assured shorthold tenancy deposits received
by landlords and letting agents are required to be protected in a Government-authorised
tenancy deposit protection scheme.
The Deposit Protection Service (The DPS) is the only custodial scheme authorised by
the Government. We require that the money you paid to your landlord/letting agent is
physically paid over to us to safeguard for the duration of the tenancy. The deposit will
be repaid at the end of the tenancy when both parties have reached agreement on its
distribution.
How does The DPS work?
You pay your deposit to your landlord/letting agent
Your landlord/letting agent must pay the deposit over to The DPS within 30
days of receiving it and provide us with the tenancy details and your contact
details. They also have a legal requirement to provide you with certain
information about the tenancy - full details can be found on our website.
Supplying your mobile phone number and/or email address to your
landlord/letting agent is essential.
On receipt of the deposit, we will contact you and your landlord/letting

agent to confirm that your deposit is protected. You will also be issued with
your unique Repayment ID number. This is five digits long and must be kept
somewhere safe as you will need this to request repayment of your deposit
from us at the end of your tenancy.
Fast Free Secure
Your responsibilities: updating your details

Your landlord or letting agent will register your details with us, so make sure they have
your up-to-date details, most importantly your mobile phone number and/or email address.
If you change your mobile phone number or email address during your tenancy, please
make sure you contact The DPS to update us with this information. It is your responsibility
to do so and will enable us to make the deposit repayment process as efficient as possible.
In addition when you move out please ensure that The DPS has your new forwarding
address. It is important that you update the system with this address as your
landlord/agent cannot do it for you.
You can update your contact details in one of four ways:
Online In writing
By logging onto your account at The Deposit Protection Service
www.depositprotection.com The Pavilions
Bridgwater Road
Bristol
BS99 6AA
Via BY TELEPHONE
an online form connected to our Virtual 0330 303 0030
Customer Service Agent/FAQs at
www.depositprotection.com/help
Fast Free Secure
Landlords and Tenants: the repayment process

At the end of your tenancy, you and your landlord/letting agent need to agree who is
entitled to the deposit. Once this has been decided, you can let us know.
We need to hear from both you and your landlord/letting agent before we will make any
repayment. You must fill out a Joint Deposit Repayment form, either online or using the
paper form, providing us with your unique Repayment ID number.
Helpful hint
Remember that everything can be done
online. This helps to make the
repayment process as quick and easy
as possible. Once an online
account is set up both parties can:
> Update their own contact details

> Submit a Joint Deposit Repayment form
> Consent to use the ADR service.
What happens if we can’t agree on how the deposit is repaid?

The DPS run an independent Alternative Dispute Resolution (ADR) service which aims to
resolve any dispute quickly and without the need for court action. It is an evidence-based
adjudication service, but requires the consent of both parties.
For more information visit www.depositprotection.com

DPSLOB0002v3F
The Deposit Protection Service Custodial Terms and Conditions
In order to use our Custodial scheme, you will need to read and accept these terms and Statutory Declaration
conditions (the “Terms and Conditions”). This is a Form completed by either the Landlord or the Tenant when they are claiming
Please see below some definitions and explanations of the terms we use frequently repayment of all or part of the Deposit when the other Party is uncontactable or not
throughout this document. responding to correspondence.
1. Definitions and Explanations of commonly used terms Statutory Declaration Notice
Adjudication This is a notice we send to confirm we have received a Statutory Declaration and to
This is an evidence-based decision making process which results in a Decision about require additional information from the receiving Party.
how a Dispute should be resolved. Statutory Declaration Process
Adjudicator This is a process which may be used by a Party to claim the repayment of all or part of
This is a qualified expert appointed by us to independently and impartially consider a the Deposit when the other Party is uncontactable or not responding to correspondence
Dispute and provide a Decision. as further detailed in section 19.
Assured Shorthold Tenancy Tenancy
This is a tenancy defined as an Assured Shorthold Tenancy under the Housing Act 1998. This is an Assured Shorthold Tenancy of a Property under which a Deposit is protected
Calendar Day with us or another type of tenancy under which we at our sole discretion agree to
A Calendar Day is any day of the week. protect a Deposit on these Terms and Conditions as if the Deposit related to an Assured
Custodial Scheme (or Scheme) Shorthold Tenancy.
A Custodial Scheme is a scheme for the protection of residential tenancy deposits. Tenancy Agreement
Custodial Schemes were established in England and Wales under the Housing Act 2004. This is the written agreement between the Landlord and Tenant relating to the Tenancy
They are open to any person or organisation taking Deposits for a residential Tenancy. of the Property.
Under our Custodial Scheme, when a Landlord, Letting Agent or Organisation receives a Tenant
Deposit from a Tenant, they pass the money to us for safekeeping. This is the Tenant of a Tenancy.
Customer Service Centre The Ministry of Housing, Communities and Local Government (‘MHCLG’)
This is our telephone contact centre. You can contact the Customer Service Centre on This is the government Ministry that has authorised us to provide this service.
0330 303 0033 between 8am and 6.30pm on Working Days. Our Customer Service The Deposit Protection Service (‘The DPS’)
Centre closes on bank holidays in England and Wales. Please check the homepage of The DPS is a trade name of Computershare Investor Services PLC, a company registered
our website for details. in England and Wales with company number 3498808. Its registered office is The
Decision Pavilions, Bridgwater Road, Bristol BS13 8AE. Throughout this document, we also refer
This is the evidence-based decision of an Adjudicator made in relation to a Dispute in to The DPS as ‘we’ or ‘us’.
accordance with these Terms and Conditions. Transfer
Deposit A Transfer can be:
This is the money a Tenant gives to their Landlord under the Tenancy Agreement, who i. the transfer of a Tenancy from the existing Landlord to a new Landlord;
then pays it to us for safe keeping. The Deposit is used as security against breach of ii. the transfer of a Tenancy from the existing Tenant to a new Tenant; or
the Tenant’s obligations under the Tenancy Agreement, for example failure to keep the iii. in the case of a Joint Tenancy, a change in the identity of one or more of the Joint
Property in good repair and failure to pay the rent. Tenants (Tenant Transfer).
Deposit ID Working Day
This is the unique identifying reference number allocated to a Deposit following the Working Days are days on which our offices are open for business. These are every
successful submission of the Deposit to us. Monday to Friday, excluding bank holidays in England and Wales. We keep our website
Dispute – www.depositprotection.com – up-to-date with our opening times.
If at the end of a Tenancy, the Landlord and the Tenant cannot agree on how much of In these Terms and Conditions the use of the words and phrases “other”, “including” and
the Deposit should be given to each Party, this is a Dispute. “in particular” shall not restrict a general or wide interpretation of any words preceding
Dispute Resolution Service them where a wider interpretation is possible. Except where the context otherwise
Our Dispute Resolution Service is an independent service we provide to resolve Disputes requires, words using the singular shall include the plural and vice versa.
and is a free alternative to going to court. If you use our Dispute Resolution Service, we 2. Information about the Scheme for you
will collate and summarise evidence provided by each person involved in the Dispute a. These are our Terms and Conditions which govern how we provide the Scheme. From
and one of our Adjudicators will review the evidence and make a Decision on how much time to time we may change these Terms and Conditions. Please see section 34(g) for
of the Deposit should go to each Party. how such changes will be notified to you.
Form(s) b. The ways you can contact us are set out in section 4 “Ways to Contact us”.
These are all paper forms you must submit to us in order to use the Scheme and include c. Our Scheme is free to use except in the circumstances set out in section 25 “Costs”.
the Cheque Deposit Submission Form, the Deposit Return Request Form (Tenants) d. We limit and exclude our liability to you in certain circumstances in these Terms and
or Deposit Repayment Request Form (Landlords), the Statutory Declaration and the Conditions please see subsections 23(j), (k) and (l) “The Adjudication” and section 28
Statutory Declaration Notice. “Liability” for more details.
Initial Requirements e. We are entitled to reject a Dispute from our Dispute Resolution Service or make a
The Initial Requirements are those actions the Landlord has to complete within 30 days payment of the Deposit to the other Party where one Party does not comply with
of receipt of a Deposit under the Housing Act 2004. They are: these Terms and Conditions, please see subsections 20(j) and 21(a) for more details.
• to protect the Deposit in a government-authorised scheme like ours; and f. Subject to these Terms and Conditions the Landlord and Tenant are free to agree to
• to give the Tenant a copy of the Prescribed Information. leave the Scheme at any time without penalty.
Joint Tenancy 3. How our Custodial Scheme works
This is where more than one Tenant has entered into a Tenancy Agreement with Our Custodial Scheme is free to use (with some exceptions, explained later in these
a Landlord. Terms and Conditions) and is open to all Landlords. Below is an overview of how
Joint Tenants it works.
The Tenants in a Joint Tenancy. a. After taking a Deposit from a Tenant, the Landlord must protect the Deposit within
Landlord 30 Calendar Days of receiving it in order to avoid the consequences set out in the
This means a Landlord of a Tenancy. For the purposes of these Terms and Conditions, Housing Act 2004. We will accept Deposits submitted after 30 Calendar Days.
the term Landlord includes a Letting Agent or Organisation, where applicable. b. Once we have protected a Deposit, we will send confirmation to the Landlord, the Tenant
Landlord ID and any Relevant Person (see section 12 for details about what we send). The Landlord
This is the unique identifying reference number we give to the Landlord when they must also give the Prescribed Information to the Tenant. Landlords can print a Prescribed
register with us. Information form which is pre-populated with the information they have entered into
Letting Agent the Landlord’s online account at www.depositprotection.com. The Landlord will need to
This is the letting agent who lets or manages a property on the Landlord’s behalf. provide additional information to complete the Prescribed Information.
Nominated Tenant c. At the end of the Tenancy, the Landlord and Tenant should try to agree how much of
If there is only one Tenant in a property, that Tenant will also be the Nominated Tenant. the Deposit should be paid to the Landlord, Tenant or the Relevant Person (if there is
Alternatively, if there is a Joint Tenancy, the Nominated Tenant is the person who one). If the Parties can agree, the Landlord and Tenant must confirm the following on
confirms to us that they will act on behalf of all Joint Tenants in any dealings with us, the their repayment Forms or online submissions:
Landlord or Letting Agent or Organisation. If a Relevant Person has contributed to the i. the amount of the Deposit that should be repaid to the Landlord with reasons; and
Deposit, the Nominated Tenant also acts on their behalf. ii. the amount of the Deposit that should be repaid to the Tenant with reasons.
Organisation d. If the Landlord and the Tenant agree, we will pay out the amount the Landlord and
An Organisation is a company who lets or manages a property on the Landlord’s Tenant agree should be repaid to each of them as detailed on the repayment Form or
behalf or on its own account including Housing Associations, the N.H.S. and student online submission.
property associations. e. If there is a Dispute regarding the repayment of part or all of the Deposit, it will be referred
Parties to our Dispute Resolution Service, unless we are instructed otherwise in writing.
Means the Landlord and Tenant(s). A “Party” means one or the other. f. If one Party instructs us that they do not wish to use the Dispute Resolution Service,
Prescribed Information the Deposit will be suspended until we are notified that both Parties do wish to use
This is the information which must be provided by the Landlord to the Tenant in the Dispute Resolution Service, or we are informed that the Parties have reached
accordance with the Housing (Tenancy Deposits) Prescribed Information Order 2007. agreement as to distribution of the Deposit, or we are presented with a court order
Property relating to repayment of the Deposit in accordance with section 24.
This is a property which is the subject of a Tenancy for which a Deposit is protected. g. The Landlord or Tenant may follow the Statutory Declaration Process if they have no
Relevant Person current address for the other Party or if the other Party fails to respond to a written
This is someone who has paid a Deposit to a Landlord on behalf of a Tenant, and who is notice from the claiming Party claiming some or all of the Deposit within 14 Calendar
a ‘relevant person’ as described in Sections 212 to 215 of the Housing Act 2004. Days of the date of the notice.
Sole Tenancy 4. Ways to contact us
This is where there is only one Tenant in a Tenancy. a. The Online Service
SMS i. Landlords can register online and anyone using our Service can complete
Means short message service otherwise known as text messaging service. submissions online by visiting www.depositprotection.com.
ii. Parties can also communicate with us by completing an online enquiry form c. If Tenants forget their password they can ask us to reset it. We will send an email to their
available through the Frequently Asked Questions section of our website at registered email address with a new activation link which will be valid for 48 hours.
www.depositprotection.com. d. When Tenants first log into their account they must confirm that they have read
iii. If a Dispute is being dealt with by the Dispute Resolution Service, we can be and acknowledged the Terms and Conditions including the Data Protection Notice
contacted at disputes@depositprotection.com. and Privacy Policy at section 32. Each time the Terms and Conditions are updated
iv. Except in the circumstances outlined in section 30 of these Terms and Conditions, Tenants will be invited to read and acknowledge the new Terms and Conditions.
our online service will be available 24 hours per day. If Tenants do not read and acknowledge the new Terms and Conditions they will
b. Customer Service Centre not be able to continue to use the online service and we will not be able to take
The Customer Service Centre is available to: instructions from them.
i. help Landlords, Letting Agents and Tenants to use the Scheme; e. Tenants must enter their registered email address and password for the following:
ii. process requests for Forms; i. to log in to their online account;
iii. manage new registrations of Landlords and Letting Agents; and ii. to access all the information we store that relates to them;
iv. process requests for repayment and responses. iii. to update any such data; and
We ask callers a series of questions in order to identify them. If callers cannot give iv. to instigate the Deposit repayment process.
satisfactory answers to the questions asked, we will not be able to help. 6. Adding a Property
c. Paper Based Service Landlords can add a Property or multiple Properties in their online account before
i. If you cannot access our online service you can request a Form, either by phone or submitting any Deposits to us.
in writing. All letters and completed Forms should be sent to the address at section 7. Creating a Tenancy
36 of these Terms and Conditions. a. Landlords can create a Tenancy in their online account before submitting any Deposits.
ii. Any Forms requested will be pre-printed with as much relevant information about b. To create a Tenancy, a Landlord must provide a name together with a contact mobile
the transaction as we have and we will mail them to the address of the requesting telephone number or email address for any Tenants and an email address for any
Party. We cannot accept photocopied or altered Forms. Relevant Person.
5. How to create an account c. Once a Tenancy has been created an email will be sent to all Tenants’ registered email
I. Landlords address(es) along with a link to activate their online account(s).
a. When a Landlord creates an account with us, all information provided must be up-to- 8. Joint Tenancies and Third Parties (Nominated Tenant)
date and correct. a. At the end of the Joint Tenancy one Tenant must liaise with us with regard to the return
b. Landlords (but not Letting Agents or Organisations) must provide the following of the Deposit. That Tenant will be the Nominated Tenant, and will be responsible
mandatory pieces of information to create an account: for representing the interests of all Joint Tenants (and any Relevant Person). The
i. the Landlord’s first name, surname and title; Nominated Tenant will act on behalf of all Joint Tenants specifically in connection with:
ii. the Landlord’s contact address including the town, country and postcode; i. the Deposit repayment process;
iii. at least one valid UK contact telephone number for the Landlord (including UK ii. any Statutory Declaration;
mobile phone numbers); and iii. the provision of Tenant’s evidence; or
iv. a valid email address for the Landlord (if creating an account online). iv. any other relevant Form or submission.
c. Letting Agents and Organisations must provide the following mandatory pieces b. It is the Nominated Tenant’s responsibility to try and agree with the Landlord how the
of information: Deposit should be distributed at the end of the Joint Tenancy.
i. the full name and title of the Letting Agent or Organisation’s primary contact; c. The Nominated Tenant must submit repayment instructions on behalf of all of the
ii. the full name or company name of the Letting Agent or Organisation; Joint Tenants whether online, by phone or using the paper process.
iii. the contact address of the Letting Agent or Organisation; d. Instructions on behalf of Joint Tenants will only be accepted if the Tenant who gives
iv. at least one contact telephone number for the Letting Agent or Organisation; and the instruction confirms that they act on behalf of all Joint Tenants with regard to the
v. a valid email address for the Letting Agent. repayment process. From then on instructions will only be accepted if they have been
d. A Landlord can create an account online at www.depositprotection.com or by calling authenticated by the Nominated Tenant either by entering the Nominated Tenant’s
0330 303 0033. account information when using the online service, or by answering security questions
e. When Landlords submit their first Deposit through the Custodial Scheme they must when using the Customer Service Centre or their signature when using the paper process.
confirm that they have read and agree to be bound by these Terms and Conditions e. The Landlord is responsible for managing the Tenants’ (and Relevant Person’s)
including the Privacy Policy at section 32. Each time the Terms and Conditions are relationship in a Joint Tenancy. The Landlord must:
updated Landlords must accept the new Terms and Conditions to continue using the i. complete the Deposit Submission Form;
service. If Landlords do not accept the new Terms and Conditions they will not be able ii. ensure that the responsibilities of the Joint Tenants are fully understood by all Joint
to continue using the online service. Tenants, and any Relevant Person; and
f. Landlords must supply a valid email address and select a password to use the online iii. explain to the Joint Tenants that the Nominated Tenant process will come into
service. Landlords must keep this password secure at all times and it should not be effect at the repayment stage and that the Nominated Tenant will act on behalf of
disclosed to anyone. all Joint Tenants and any Relevant Person.
g. Landlords will receive an email containing a link to activate their account. The f. The Joint Tenants must ensure that Joint Tenancy information is kept up-to-date.
Landlord must click the link in the email and log in within 48 hours of the issue of g. We are entitled to deal with and take instructions from the first Joint Tenant who
the link. After 48 hours the link will expire and the Landlord will need to request a comes to us with a valid instruction and confirms that they act on behalf of all Joint
new activation link. Tenants (the Nominated Tenant).
h. If Landlords forget their password they can ask us to reset it. We will send an email h. If no Joint Tenant confirms that they act on behalf of all Joint Tenants we will not be
to their registered email address with a new activation link which will be valid for able to process instructions for the Joint Tenants.
48 hours. 9. Initial Requirements
i. Once the Landlord’s account has been activated, the Landlord will be provided with Sections 10 (Deposit Submission) and 11 (Payment Options) of these Terms and
their account reference through the online service. Conditions comprise the Initial Requirements for the purposes of the Housing Act 2004.
j. Landlords must enter their registered email address and password for the following: 10. Deposit Submission
i. to log into their online account; a. After creating a Tenancy in their online account the Landlord can submit a Deposit for
ii. to access all the information we store that relates to them; protection either online through their account at www.depositprotection.com or with
iii. to update any such data; a Cheque Deposit Submission Form sent to us by post.
iv. to pay a new Deposit to us; b. It is the Landlord’s responsibility to submit Deposits for protection within 30 Calendar
v. to perform any actions during a Tenancy; Days of receipt from the Tenant.
vi. to manage their Deposits; and c. Landlords will not be able to submit a Deposit unless all mandatory information has
vii. to instigate the Deposit repayment process. been provided.
k. All Landlords who create an account through the Customer Service Centre will be d. Landlords can increase the amount of an existing Deposit at any time during the Tenancy.
provided with a confirmation in writing of: e. If Landlords create a Tenancy profile but do not submit a Deposit for protection within
i. their unique Landlord ID. This will also be provided over the telephone; and 60 Calendar Days, we will cancel the Tenancy profile and Landlords will need to create
ii. The website address at which they can view the Terms and Conditions online, a new Tenancy profile before a Deposit can be submitted for that Tenancy. We will
which will be sent within 3 Working Days of registration. On receipt of this also inform the Tenant that the Deposit has not been protected with us.
confirmation Landlords will be deemed to have accepted these Terms and 11. Payment options
Conditions unless we are notified otherwise in writing. If a Landlord does not a. The Landlord must ensure that they pay the correct amount of Deposit to us.
accept the Terms and Conditions they must not use the service. If a Landlord b. Deposits can be paid to us by bank transfer, debit card or cheque.
continues to use the service after notifying us that they do not accept the terms I. Bank Transfers
and conditions they will be deemed to have accepted the Terms and Conditions. a. Bank transfer payments can only be used for online custodial Deposit submissions
l. Landlords can select other people to have administrative rights to their account, to and must be made using our 6 digit sort code and the Landlord’s unique 8 digit
give instructions on the Landlord’s behalf. To do this, the Landlord must create an account number which will be displayed when a Landlord opts to pay by Bank transfer
administrator account for the selected person. The Landlord can choose one of two in their online account. Landlords must add a reference number to the payment.
levels of access for the person they are adding: b. Payments we receive can be allocated to custodial Deposits manually or automatically.
i. Senior Tenancy Administrators: who can complete all actions on the account Automatic allocation will only occur if the amount paid exactly matches a custodial
except creating new accounts; or Deposit awaiting payment and/or the reference number on the Landlord’s bank
ii. Tenancy Administrators: who can complete all actions except repaying or transfer matches the reference specified by the Landlord. If for any reason we are
transferring any Deposits and creating new accounts. unable to match a payment to a Deposit, then the funds will be credited to the
The Landlord retains the role of Account Administrator and has full access to edit any Landlord’s account for the Landlord to allocate manually.
allowed aspect of their account or tenancies. c. If manual allocation is required, the Landlord must log in to their online account and
II. Tenants manually allocate the submitted funds to the relevant custodial Deposit. It is the
a. The Tenant will receive an email containing a link to activate their account. The Tenant Landlord’s sole responsibility to manually allocate funds in order to ensure that the
must click the link in the email and log in within 48 hours of the issue of the link. After Deposit is protected.
48 hours, the link will expire and the Tenant will need to request a new activation link. d. Bank Transfers are non-reversible. If you think that an over-payment has been made,
b. The Tenant must select a password to use the online service. The Tenant must keep then you must contact us on 0330 303 0033 or by completing an online enquiry form,
this password secure at all times and should not disclose it to anyone. available on www.depositprotection.com.
II. Debit card payments b. Landlords will be able to add or remove Tenants from a Tenancy via their online account.
a. Debit card payments can only be used for online custodial Deposit submissions. c. When a Landlord adds a Tenant to a Tenancy via their online account this will happen
b. If a Landlord wishes to pay by debit card, they must select this option on the payment immediately. We will send confirmation of that change by email to:
page following creation of the Deposit in the online system. i. the Landlord, Letting Agent or Organisation in respect of the Property;
c. We use Worldpay to process debit card payments. ii. the Tenants who will continue to reside in the Property;
d. When a Landlord pays by debit card their details are sent to Worldpay in order to iii. any incoming Tenants; and
process payment. iv. any outgoing Tenants.
e. We do not store Debit Card details. d. When a Landlord seeks to remove either a Joint Tenant or a Sole Tenant from a
f. Confirmation that a successful card transaction has taken place will be provided to the Tenancy via their online account, we will email the affected Tenant to tell them. We
Landlord in real time. will also tell the Tenant that if they do not want us to remove them from the Tenancy
g. We will provide confirmation to the Landlord when the payment clears, by email they must call us via the Customer Service Centre on 0330 303 0033 within 7 days
within 5 Calendar Days of processing the debit card payment. of our email. We will not complete the Landlord’s request if the Tenant contacts us
III. Cheque payments within 7 days of our email informing us that they do not want us to remove them from
a. Cheque payments must be submitted to us by post with the Cheque Deposit the Tenancy. If the Tenant does not contact us, we will complete the removal as the
Submission Form to the address in section 36 of these Terms and Conditions. Landlord has requested.
b. The online service will generate the Cheque Deposit Submission Form when the e. We will not repay any part of the Deposit to outgoing Tenants unless the repayment
Landlord selects the option to pay by cheque. The cheque for the full amount of the process is completed.
Deposit must be securely attached to the printed Cheque Deposit Submission Form. f. Where a Tenant is removed from a Joint Tenancy it is the remaining Tenants’
c. Cheque Deposit Submission Forms can be requested by telephone from our responsibility to arrange any payments to an outgoing Tenant or Relevant Person.
Customer Service Centre. III. Scheme Transfers
d. All cheques must be made payable to The Deposit Protection Service, be dated within a. If a Landlord wants to transfer a Deposit we are protecting to another Scheme, they
the past 3 months of the date of processing, be signed by an authorised signatory can email their request to support@depositprotection.com. They will need to send a
of the account and be drawn in pounds Sterling on a UK bank account. Words and list of all the Deposits they want to transfer. They also need to send us the details of
figures must match and be equal to the full amount of the Deposit as stated on the the Scheme to which we should transfer the Deposits.
Cheque Deposit Submission Form. The reverse of the cheque should be marked with b. If we are satisfied that we have received all the required information, as soon as is
the Landlord’s ID and the Deposit ID for the relevant Tenancy. reasonably practical, we will:
e. If the cheque does not meet all of the criteria above, we reserve the right to reject it i. transfer the relevant Deposit monies directly to the other Scheme;
and return it to the Landlord within 4 Working Days of receipt, identifying the reason ii. send the other Scheme a list of all details of the Deposits we have transferred; and
for its rejection. iii. close the relevant Deposits and Tenancies on the Landlord’s online account.
f. Accepted cheques will be banked within 1 Working Day of receipt. We will issue c. We reserve the right to make further enquiries of any Landlord on receipt of a request
a confirmation that the Deposit has been protected within 5 Calendar Days of a to transfer Deposits to another Scheme.
cleared cheque. 14. Deposit repayment - General
g. In the event that cheques are returned unpaid, we reserve the right to charge a fee a. We will not release any part of the Deposit unless:
of £25.89 which the Landlord must pay. Until this fee is paid, we won’t accept any i. all Parties have agreed to us doing so; or
Deposits from that Landlord for that Tenancy. ii. there is an undisputed Statutory Declaration claim; or
12. What happens after the Deposit has been protected? iii. there is a Decision from an Adjudicator; or
a. We will send an email confirming protection of the Deposit to: iv. we are passed a court order which refers specifically to the Deposit and/or the
i. the Landlord’s registered address or the Landlord’s registered email address; Scheme Administrator and the amount of the Deposit to be paid out; or
ii. all Tenants’ registered email addresses. We will also send a link to Tenants to v. such release is permitted as a result of a failure by either Party to comply with our
activate their online account if they have not done so already. If we do not know Dispute Resolution Service procedure.
the Tenants’ email addresses, we will send confirmation by post to the Property. b. We will not repay the Deposit within 28 Calendar Days of it being protected. If you
If we do not know the Tenants’ email addresses and the Deposit has been paid want to start the Deposit Repayment process before this time, please contact us,
more than 14 Calendar Days before the start date of the Tenancy, we will send either online or by calling the Customer Service Centre.
confirmation to the Property in time for the Tenancy start date; and c. Landlords and Tenants must attempt to agree the fair distribution of the Deposit
iii. the email address of any Relevant Person registered on the Deposit. We will also before entering the Dispute Resolution Service at the end of the Tenancy.
send the Relevant Person a certificate confirming protection of the Deposit. d. If one Party claims all or part of a Deposit, we will notify the other Party by e-mail or post.
b. Tenants will be able to use their email address and password to log in to the online e. Repayments can be either:
service and view the Deposit, a certificate confirming protection of the Deposit, i. wholly agreed (all Parties agree on who should receive the Deposit at end of the
Tenancy details and other information we hold regarding the Tenancy. Tenancy and no disputed amount exists);
c. If, at the end of a Tenancy’s fixed term period, the Tenancy continues on a statutory ii. partially agreed (the Parties agree on the repayment of part only of the Deposit and
periodic basis or a new fixed term period is agreed, we will continue to protect the a Dispute exists in relation to the balance); or
Deposit and treat it as if it had been received in respect of the statutory periodic iii. disputed (there is a Dispute as to how the entire Deposit should be repaid).
tenancy or new fixed term tenancy. f. Any agreed repayment amounts will be repaid within 5 Calendar Days of notification
13. Making changes to your account to us of both Parties’ agreement in accordance with these Terms and Conditions.
a. Tenants can update their own contact details, at any time. This can be done on our g. Repayment of all or part of the Deposit will be made either by:
website, on the phone, or in writing. Tenants must keep all forwarding addresses, and i. direct BACS transfer to the Landlord’s and/or Tenant(s)’ accounts;
all other contact details up-to-date. ii. Sterling cheque; or
b. Landlords can change their own contact details, or notify us of a change of Landlord iii. a combination of the two methods in accordance with the Parties’ direction.
or request a change of Tenant. Landlords must ensure that all information we hold in h. Cheques can be made payable to either the Landlord or Agent, the named Tenant(s)
relation to Tenancies, and Deposits for which they are responsible are up-to-date and or a nominated third party, where authorised.
factually correct. i. Direct SWIFT payments can also be made to overseas bank accounts for a fee of £25.89.
I. Changing the Landlord of a Tenancy j. We will provide confirmation of the amount of the repayment paid to each Party to:
a. If the Landlord changes, the outgoing Landlord must effect a change of Landlord via i. the Landlord; and
their online account. We will not register a change of Landlord unless: ii. all the Tenants.
i. the incoming Landlord has an account with us with a valid Landlord ID; and k. Repayments will only be made on the satisfactory completion of additional checks, for
ii. the outgoing Landlord has the incoming Landlord’s Landlord ID. example anti-money laundering.
b. If we have had no contact from the outgoing Landlord and a Tenant tells us that the 15. Deposit Repayment - Requests
Landlord of the Tenancy has changed, we will inform the Tenant that the incoming Either Party can start the repayment process by completing one of the following steps:
Landlord should contact us with reasonable supporting evidence to confirm this. i. submitting a Deposit repayment request through an online account;
c. If an incoming Landlord contacts us with reasonable supporting evidence which ii. submitting a Deposit repayment request by telephone with the Customer Service
suggests that the Landlord of the Tenancy has changed, we will contact the outgoing Centre; or
Landlord to confirm this, giving them 7 Calendar Days to respond. If the outgoing iii. submitting a Deposit Return Request Form (Tenants) or Deposit Repayment
Landlord does not call us at the Customer Service Centre on 0330 303 0033 within 7 Request Form (Landlords) by post. These Forms can be requested by calling the
Calendar Days, we will transfer the Tenancy to the incoming Landlord. Customer Service Centre).
d. If the outgoing Landlord does call us within 7 Calendar Days, disputing that there has 16. Landlord Repayment Requests
been a change in Landlord, we will not complete the transfer. In this instance the I. Whole Deposit returned to Tenants
incoming and outgoing Landlords must agree which one of them should be registered a. If you are a Landlord and you want to initiate full repayment of the Deposit to the
as Landlord with us, or the Deposit should be repaid in accordance with section 14 of Tenant you must:
these Terms and Conditions. i. log into your online account; and
e. In the event of a change of Landlord, we will send confirmation and details of the ii. confirm that you wish to make a full repayment of the Deposit to the Tenant.
change including the new Deposit ID to: b. We will notify all Tenants of the Landlord’s full repayment request.
iii. the outgoing Landlord, Letting Agent or Organisation as applicable; c. If you are a Tenant responding to a Landlord’s full repayment request you must:
iv. the incoming Landlord, Letting Agent or Organisation as applicable; and i. log into your online account;
v. all Tenants at the Property. ii. confirm that you act on behalf of all Joint Tenants with respect to the Repayment
II. Changing Tenants in a Tenancy Process in accordance with section 8 if applicable;
a. A change of Tenant process should only be used: iii. provide details of the repayment method including sort code, account number
i. when a Tenant is leaving a Joint Tenancy and the Landlord has no claim against the (and reference if applicable) or cheque payment you would like us to use for each
Deposit for the Tenant leaving the Joint Tenancy: Tenant or Relevant Person; and
ii. when a Tenant is leaving a Joint Tenancy and a new Tenant is being added to a Joint iv. confirm your instructions for repayment.
Tenancy and the Landlord has no claim against the Deposit for the Tenant leaving d. We will repay the Deposit in accordance with the Nominated Tenant’s direction within
the Joint Tenancy; 5 Calendar Days of notification to us.
iii. when a new Tenant is being added to a Joint Tenancy only; or e. We will confirm repayment to all Parties in writing.
iv. when a Tenant is leaving a Sole Tenancy and being replaced by another Tenant and II. Landlord making Deductions from Deposit
the Landlord has no claim against the Deposit for the Tenant leaving the Tenancy. a. If you are a Landlord, and you wish to make deductions from the Deposit you must:
i. log into your account; i. the Landlord has no current address for the Tenant; or
ii. tell us the amount of each deduction you wish to make from the Deposit, and the ii. the Tenant fails to respond to the Landlord’s written notice requiring that the
reason why you are making the claim. If you have multiple reasons for requesting Landlord be paid some or all of the Deposit within 14 Calendar Days of the Tenant’s
deductions, you will need to list all of them; and receipt of the Landlord’s notice; or
iii. give us details of the repayment method, bank sort code, account number (and iii. the Tenant has no current address for the Landlord; or
reference if applicable) you would like us to use. iv. the Landlord fails to respond to the Tenant’s written notice requiring that the
b. When we receive a repayment request from the Landlord with claims for deductions, Tenant be paid some or all of the Deposit within 14 Calendar Days of Landlord’s
we will email or write to the Tenants notifying them of a claim for deductions against receipt of Tenant’s notice.
the Deposit which they can view and respond to through their online account. b. The following criteria must be met before the Statutory Declaration Process can be used:
c. If you are a Tenant, responding to a Landlord repayment request with deductions i. at least 14 Calendar Days must have passed since the end of the Tenancy (i.e. the
you must: contractual end of the Tenancy or where notice has been given and has expired); and
i. log into your online account; ii. agreement has not been reached between the Landlord and Tenant about the
ii. confirm that you act on behalf of all Joint Tenants with respect to the Repayment Deposit repayment; and
Process in accordance with section 8 if applicable; iii. one of the relevant conditions set out in (a)(i) to (a)(iv) above have been met; and
iii. agree or disagree with each claim for deductions made by the Landlord; iv. the claiming Party believes they should be repaid some or all of the Deposit; and
iv. confirm any amounts you agree to pay to the Landlord with regard to their v. any amount claimed by the Landlord must be referable to:
deductions (if any); a. an amount of unpaid rent or any other sum due under the terms of the Tenancy; or
v. if you do not agree to pay any sums from the Deposit to the Landlord you must b. a liability of the Tenant to the Landlord arising under or in connection with the
enter £0 against the deduction claims and state your reasons; Tenancy which relates to damage to the Property, or loss of or damage to property at
vi. provide details of the repayment method, bank sort code, account number (and the Property.
reference if applicable) or cheque payment you would like us to use for each Claims for damage caused by fair wear and tear will be rejected.
Tenant or Relevant Person; and II. The Statutory Declaration Process
vii. accept or reject the use of the Dispute Resolution Service to resolve any dispute; and a. The Party who wishes to use the Statutory Declaration Process must provide us with
viii. agree to be bound by any Decision. a Statutory Declaration making a claim for all or part of the Deposit. This must be at
d. If any sums from the Deposit are not claimed for deduction by the Landlord they will least 14 Calendar Days after the Tenancy has ended.
be released to the Tenant, Nominated Tenant or Joint Tenants (as applicable) within b. Parties can get a Statutory Declaration through the their online account or by calling
5 Working Days after confirmation of the repayment method has been made by the 0330 303 0033. If the Party requests a Statutory Declaration online it will be partially
Nominated Tenant. populated with the Tenancy details which we hold. This document can be modified by
e. Once the Nominated Tenant has responded we will send a notification for the the Party and printed in order to be completed.
Landlord to review the Nominated Tenant’s response and invite the Landlord to c. The Statutory Declaration must be sworn or affirmed in the presence of a solicitor, a
accept or reject the Nominated Tenant’s response. commissioner for oaths, or a magistrate.
f. If the Nominated Tenant has agreed to any or all of the claims for deductions made d. The Statutory Declaration must contain the following information:
by the Landlord we will pay the agreed sums to the Landlord in accordance with their i. the date on which the Tenancy ended;
direction within 5 Working Days of the Landlord confirming their acceptance of the ii. confirmation that the Parties have failed to reach agreement about repayment of
Nominated Tenant’s response. the Deposit, with details of any communications between them since the end of the
g. If the Nominated Tenant has responded to our notification confirming that they Tenancy;
do not agree with all or part of the claims for deductions made by the Landlord in iii. justification for the amount of the Deposit claimed, with particulars of any facts
the Landlord’s repayment request, but does agree to the Dispute being referred to relating to it (including a calculation);
our Dispute Resolution Service it will be referred to our Dispute Resolution Service iv. confirmation of whether the Statutory Declaration is being made on the basis that:
in accordance with the procedure set out in sections 20 to 23 of these Terms and 1. the Party making the claim has no current address for, or other means of
Conditions provided that the Landlord also confirms that they agree to use our contacting the other Party. In this case the claiming Party must give details of any
Dispute Resolution Service. address (other than the Property) and other contact details (including telephone
h. If the Nominated Tenant has responded to our notification confirming that they do numbers or email addresses) which they have for the other Party; or
not agree to use our Dispute Resolution Service, but the Landlord does, the Deposit 2. the other Party has failed to respond to the claiming Party’s written notice in
will be placed on hold until either the Tenant agrees to use our Dispute Resolution relation to the distribution of the Deposit within 14 Calendar Days. In this case a
Service, or until the Parties reach agreement and communicate that agreement to us copy of the written notice sent to the other Party must be attached.
or until we receive a court order. Please see section 24 for more details. v. any information the claiming Party has as to the whereabouts of the other person;
17. Tenant’s repayment request vi. confirmation that the claiming Party gives their consent for the Dispute to be
a. A Tenant can submit a Deposit return request. If you are a Tenant you must: resolved through our Dispute Resolution Service (in the event of the other Party
i. log into your online account; disputing that the claiming Party should be paid all or part of the Deposit):
ii. confirm that you act on behalf of all Joint Tenants with respect to the repayment vii. confirmation that the claiming Party considers that they are entitled to be paid all
process in accordance with section 8 (as applicable); or part of the Deposit as claimed; and
iii. confirm the amount you believe is due to each Tenant and any Relevant Person; viii. the claiming Party makes a Statutory Declaration in the knowledge that if they
iv. confirm any deductions to be paid to the Landlord; knowingly and wilfully make a false declaration, they may be liable to prosecution
v. provide any reasons for each deduction to be paid to the Landlord; under Section 6 of the Perjury Act 1911.
vi. provide details of the repayment method, bank sort code, account number (and III. Statutory Declaration Process – Statutory Declaration Notice and Resolution
reference if applicable) you would like us to use for each Tenant or Relevant a. Once we have received a properly completed Statutory Declaration which meets the
Person; and above requirements, we will issue a Statutory Declaration Notice and a summary of
vii. accept or reject the use of the Dispute Resolution Service if necessary to resolve any the claim to the other Party’s registered address, asking them to indicate within 14
Dispute and agree to be bound by any Decision. Calendar Days of receipt:
b. Upon receipt of a Tenant’s Deposit return request, we will notify the Landlord of the i. whether they accept that the claiming Party should be paid the whole of the
Deposit return request, by email or by post. amount claimed;
c. If you are the Landlord responding to a Tenant’s Deposit return request you must: ii. whether they accept that the claiming Party should be paid part of the amount
i. log into your online account; and claimed and if so, how much; and
ii. agree or disagree with the repayment claim made by the Nominated Tenant; iii. if they do not accept that the claiming Party should be paid the whole of the
iii. confirm the amount you believe is due to the Landlord with reasons; amount claimed, whether they consent to the Dispute being resolved by our
iv. provide details of the repayment method, bank sort code, account number (and Dispute Resolution Service. We will also, where possible, send notification that a
reference if applicable) or cheque payment you would like us to use for payment; and postal notice has been issued by email or SMS.
v. accept or reject the use of the Dispute Resolution Service if necessary to resolve any b. The Party who receives the Statutory Declaration Notice must complete and return to
Dispute and agree to be bound by any Decision. us the Statutory Declaration Notice so that we receive it within 14 Calendar Days of
d. If the Landlord: when we issued it (the Statutory Declaration Notice deadline). They must also indicate
i. agrees with any or all of the repayment requests made by the Nominated Tenant their responses to a. (i) – (iii) above. If we do not receive the completed Statutory
the agreed sums will be paid out within 5 Working Days. Declaration Notice within the Statutory Declaration Notice deadline, we will release
ii. does not agree with the repayment request made by the Nominated Tenant, the the full amount claimed to the claiming Party within 10 Calendar Days of the Statutory
Nominated Tenant’s request will be rejected and the Landlord will need to make a Declaration Notice deadline.
repayment request of their own. c. If the receiving Party completes and returns the Statutory Declaration Notice so that
18. Repayment requests on paper or by the Customer Service Centre we receive it within the Statutory Declaration Notice deadline and confirming that they
a. The Landlord can complete a Deposit Repayment Request Form in order to make agree that the whole or part of the amount claimed should be paid to the claiming
deductions from a Deposit. Party, we will pay any agreed amount to the claiming Party within 10 Calendar Days of
b. The Tenant can complete a Deposit Return Request Form in order to reclaim the the date when we receive the Statutory Declaration Notice.
whole or part of a Deposit. d. If the other Party completes and returns the Statutory Declaration Notice so that we
c. On receipt of either form the DPS will invite the other Party to respond to the claim by receive it before the Statutory Declaration Notice deadline and confirming that they
way of a response Form. do not agree that the claiming Party should be paid all or any of the amount claimed,
d. If there is a Dispute, the Landlord and the Tenant must confirm a breakdown of the we will inform the claiming Party that their claim has been rejected wholly or in part
total amount in dispute and the Parties should confirm that: and we will provide a summary of the other Party’s Statutory Declaration Notice.
i. they each agree that the Dispute be referred to our Dispute Resolution Service in e. Once we have issued the summary of the Statutory Declaration Notice to the claiming
accordance with these Terms and Conditions; and Party, they will have 7 Calendar Days from the date of issue to agree or disagree with
ii. they will be bound by the Decision of the Adjudicator. its contents. The claiming Party should submit any extra evidence which they wish to
e. If a Party fails to provide us with any of the above information, we will reject the be taken into account by this deadline. The other Party will also be given 7 Calendar
relevant Form and refer it back to the initiating Party for resolution. Days’ notice that the Dispute will be referred to our Dispute Resolution Service, and
f. Parties can also respond to claims by calling our Customer Service Centre. can submit any final evidence of their own within this time. If no response is received
19. The Statutory Declaration Process from the claiming Party or the other Party within 7 Calendar Days from the date of
I. When can it be used? the summary of the other Party’s Statutory Declaration Notice, the Dispute will be
a. The Statutory Declaration Process is a method of repayment. It is used when: referred to our Dispute Resolution Service in any event.
f. If the other Party completes and returns the Statutory Declaration Notice so that fails to submit any evidence, or in the alternative confirm in writing that they have no
we receive it within 14 Calendar Days, but does not indicate whether they consent additional evidence to submit, we will release the disputed amount to the other Party
to the Dispute being resolved by our Dispute Resolution Service, we shall assume within 10 Calendar Days of the deadline for the Parties’ response.
they consents to the use of our Dispute Resolution Service. Both Parties will then be d. In the event that neither Party complies with the requirement of section c above, we
informed that the Dispute has been referred to our Dispute Resolution Service as will repay any disputed sum to the Tenant.
detailed in (e) above. 22. Dispute Evidence – the details
g. We will then forward copies of the: a. The Landlord’s evidence should include, but is not limited to the following:
i. Statutory Declaration; i. a statement of the precise issues which are in Dispute and the reasons for the
ii. Statutory Declaration Notice; and amount of any Deposit claimed;
iii. any additional evidence submitted by either Party; ii. the signed check-in inventory and schedule of condition;
to the Adjudicator (see Adjudication at section 23 below). iii. vacating instructions;
h. We will release any undisputed amount to the Party or Parties concerned. iv. the signed check-out inventory and schedule of condition;
i. Any evidence submitted by either Party after the Dispute has been referred to the v. a signed and legally-compliant written Tenancy Agreement;
Adjudicator will not be considered by the Adjudicator if a Decision has already been vi. a schedule of the cost of any works sought to be deducted from the Deposit
made. We reserve the right to refuse to pass any evidence to the Adjudicator after the together with estimates, invoices and receipts (produced by an independent or
cut-off date for submission of evidence has passed. third party) and photographs if available;
20. The Dispute Resolution Service vii. a statement of the rent account, if relevant;
General rules for using our Dispute Resolution Service viii. if housing benefit has been paid, a letter from the Housing Benefit Department
a. To use our Dispute Resolution Service, Landlords and Tenants must have completed stating when it will stop, or that it has stopped;
a repayment Form or online repayment request with notification of a Dispute or ix. any other relevant information including photographs, DVDs, correspondence or
completed the Statutory Declaration Process. They must consent or be deemed to receipts; and
have consented to our Dispute Resolution Service and confirm that they will be bound x. confirmation that they have contacted the Tenant and provide a copy of any
by the Decision. correspondence between them, or details of their discussions.
b. If the repayment Form or the online repayment request has been completed b. The Tenant’s evidence should include, but is not limited to the following:
incorrectly or if any of the mandatory declarations have been struck out, then i. the reasons why the Tenant denies that the Landlord is entitled to the disputed
the Dispute cannot be referred to our Dispute Resolution Service. In this case, we amount; and
will direct those involved to pursue the Dispute through the courts. As detailed in ii. any other relevant information including photographs, DVDs, correspondence or
section 24 below, we will continue to hold the Deposit until we receive a court order receipts.
instructing us to repay it, or an instruction to repay it signed by both Parties. c. Any photographs or digital evidence should be signed or a statement should be
c. If you agree to use our Dispute Resolution Service, you may not withdraw your attached signed by the Party providing them and showing the date on which they
agreement in the future. were taken.
d. If either Party does not agree to use our Dispute Resolution Service to resolve the d. If either Party cannot provide any of the above evidence, they should explain to us
Dispute, they must resolve the matter by agreement or through the courts. The Party why they are unable to do so. We will then exercise our discretion to decide whether
refusing to use our service must start the required court proceedings within 6 months to allow the Dispute to proceed to Adjudication.
of notifying us of their refusal. If they do not, we may award the disputed amount to e. The Nominated Tenant must complete the Tenant’s evidence on behalf of all Joint
the other Party. Tenants named on the Tenancy Agreement.
e. We will only send Disputes to our Dispute Resolution Service if both the Landlord and f. Following receipt of each Party’s evidence, we may request extra information or
Tenants comply with these Terms and Conditions. clarification.
f. Use of our Dispute Resolution Service does not remove the duty of one Party to pay g. It is the Landlord’s sole responsibility to send us a signed, valid Tenancy Agreement
the other any other amounts which are due and not subject to a Dispute. before we pass the case to the Adjudicator. If we do not receive a copy of the Tenancy
g. Use of our Dispute Resolution Service is free of charge except in circumstances set Agreement, we will still pass the Dispute papers to the Adjudicator. Claims from
out in subsection p and section 25 below and except as to the Parties’ own costs. Each Landlords who do not provide a valid Tenancy Agreement are likely to fail.
Party must bear any costs they incur through participating in the Dispute Resolution 23. The Adjudication
Service. We will not make any award to cover these costs. a. Once the deadline has passed for evidence submission, we will provide the following
h. The Landlord and Tenant are free to settle the Dispute between themselves at to the Adjudicator:
any point during the Adjudication. They must notify us of their agreement to do i. the Landlord’s evidence, Statutory Declaration or Statutory Declaration Notice;
so by providing an instruction signed by both Parties. We will return the Deposit in ii. the Tenant’s evidence, Statutory Declaration or Statutory Declaration Notice;
accordance with the agreement when we receive the instruction. iii. any extra evidence from the Landlord or the Tenant.
i. The Adjudicator can only make a Decision to award up to the value of the Deposit. b. If the Parties submit evidence after the Adjudicator has already reached a Decision,
j. If either Party does not comply with any of these Terms and Conditions, the Dispute they will not be able to take any further evidence into consideration.
may be rejected and the Deposit will be subject to repayment in accordance with c. Our Adjudicators are fair and unbiased, and make their Decision based solely on the
these Terms and Conditions. evidence and Forms submitted. You should submit any evidence you feel supports
k. We may decide in our absolute discretion whether a Party has complied with these your case when we ask you to. If you do not submit evidence when requested, the
Terms and Conditions and is eligible to participate or continue to participate in the Adjudicator will not be able to consider it when making their Decision.
Dispute Resolution process. d. The Adjudicator may:
l. A Dispute must not be the subject of an existing court action. i. make any necessary enquiries with the Parties if issues or queries arise when
m.We will not deal with Disputes through the Dispute Resolution Service where, in our reviewing the evidence;
reasonable opinion: ii. carry on with the Adjudication even if either Party does not comply with these
i. they relate to matters other than the return of the Deposit; and/or Terms and Conditions, or any instruction from the Adjudicator or us;
ii. either Party has indicated their intention to issue legal proceedings in respect of iii. stop the Adjudication if it appears that the Dispute cannot be settled this way, or if
any of the issues raised in the Dispute; and/or the Parties settle their Dispute before a Decision is made.
iii. the issues raised have already been decided upon by a court; e. Except in circumstances set out in section d above, the Adjudicator will make a
n. The Adjudicator may also reject Disputes which, in their reasonable opinion: Decision within 28 Calendar Days of receiving the Dispute papers from us. The day of
i. are being pursued in an unreasonable manner; receipt will be the Working Day after the papers are sent to the Adjudicator.
ii. are frivolous; f. We will notify the Parties of the Adjudicator’s Decision within 2 Working Days of the
iii. are vexatious; and/or Decision. The Decision is binding on both Parties and both Parties must comply with it.
iv. seek to raise matters which were previously decided by a similar dispute resolution g. The Decision cannot be appealed through the Dispute Resolution Service although
process, or matters which, in the opinion of the Adjudicator, exceeds their jurisdiction. nothing prevents either Party from pursuing the other through the courts if they
o. Landlords and Tenants can only make evidence submissions to the Dispute disagree with the decision.
Resolution Team by post to the address set out in section 36, or by emailing disputes@ h. We will make any payment to either Party within 10 Calendar Days of the Decision.
depositprotection.com. We must receive evidence submissions before 11:59:59 p.m. i. We will make payments according to the method specified by the relevant Parties
on the day of the previously advised deadline. We will not accept evidence received j. The Adjudicator may take the initiative in ascertaining the facts and the law.
after this time. k. The Adjudicator may apply their discretion and judgement to the interpretation of the
p. If a Dispute relates to a Tenancy that is not an Assured Shorthold Tenancy, we Tenancy Agreement and the application of the facts.
reserve the right to charge the Landlord a fee of £500 plus VAT, or 10% of the Deposit l. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days
amount, whichever is the greater. Where possible, we will deduct this from any of the Decision.
amount awarded to the Landlord as a result of the Decision. If there is no award to 24. Court Orders
the Landlord, or the amount awarded does not cover the fee, the Landlord must pay a. If you obtain a court order against your Landlord or Tenant, we will only release the
us within 14 Calendar Days of our request for payment. Deposit if:
q. We reserve the right to reject a request to use our Dispute Resolution Service if the i. it refers to the Deposit and/or The DPS as the Scheme administrator; and
tenancy is not an Assured Shorthold Tenancy or when the Deposit is £5,000 or more ii. it specifies how much of the Deposit should be paid to the successful Party.
in amount. b. If the court order does not comply with section a above, we will not be able to release
21. Repayment Request – Collection of evidence the Deposit. In this case, the order must be amended, or a third party debt order must
a. Upon receipt of a duly completed online Deposit repayment submission notifying be obtained before we can release the Deposit.
us of a Dispute, we will write to both the Landlord and the Tenant, inviting both 25. Costs
Parties to submit their evidence in relation to the Dispute. The Landlord and Tenant All aspects of our Custodial Scheme are free to use, except in the following circumstances
must ensure that we are in receipt of their evidence within 14 Calendar Days of our where fees are charged:
invitation being issued; failure to do so could result in the Deposit being paid to the i. for processing a payment to an overseas bank account we charge £25.89; and
other Party contrary to the Landlord’s or Tenant’s intentions. ii. where we are adjudicating a Dispute relating to a Tenancy which is not an Assured
b. If the Landlord or Tenant does not wish to submit any additional evidence in support Shorthold Tenancy we reserve the right to charge a fee of £500 plus VAT.
of their claim, the Landlord or Tenant must notify us in writing confirming that they 26. Confidentiality
will not be submitting any additional evidence, within the 14 Calendar Days of our a. Anyone involved with an Adjudication must not reveal specific details of the case to
invitation being issued. people not connected to that Adjudication, unless required by law.
c. If, within 14 Calendar Days of the invitation being issued by us, the Landlord or Tenant b. By agreeing to use our Dispute Resolution Service, you give us permission to gather
and keep information about your Dispute. We may use this to publish statistics or h. Whilst your connection to the online service is encrypted you should note that email
case studies, removing any information which may identify any individuals. communications are not necessarily secure and there is always a risk that email
27. Keeping your data safe messages may be intercepted or tampered with. By registering for and using this
The following are data security Terms and Conditions which are specific to our service, you acknowledge that these risks exist and that confidentiality cannot always
Custodial Scheme: be assured.
a. if a Landlord requests a Form, we will ask for their Landlord ID and Deposit ID so we 32. Privacy Policy
can process their query. The DPS’s Data Privacy Policy can be viewed by visiting
b. if a Tenant request a Form, we will ask for their Deposit ID so we can process https://www.depositprotection.com/privacy-policy/or by calling 0330 303 0033 to
their query. request a copy.
c. in order to meet data protection obligations, we need callers to provide proof of their 33. Intellectual Property
identity. This means callers will need to answer some questions about their account. The DPS and the MHCLG shall retain all intellectual property rights in and relating to all
If callers can’t give us the right answers, we will have to end the call. methods, formulae, techniques, processes, systems, materials, programs, logos, Forms
28. Liability and documentation devised, designed or prepared by or on behalf of The DPS for the
a. We will take reasonable care in operating our service, and we will be responsible to purpose of or in connection with its provision of the Scheme and all other Intellectual
you for any losses or expenses suffered or incurred by you as a direct result of our Property Rights created by or on behalf of The DPS in connection with the Scheme.
negligence, wilful default or fraud. The DPS’s liability in relation to any claim shall not 34. General
exceed the total amount of the Deposit to which the claim relates and in any event will a. Unless otherwise detailed in these Terms and Conditions, all Forms will be processed
not exceed £5,000 in aggregate including costs and interest. within 4 Working Days of receipt.
b. We do not accept liability for any indirect or consequential loss suffered by anybody b. Unless otherwise detailed in these Terms and Conditions, all time limits will be
or for any loss that does not arise as a result of our negligence, wilful default or fraud. calculated, as applicable:
c. Neither we nor the Adjudicator are liable for anything done or omitted to be done i. excluding the day we receive Forms or documents; and
in the discharge or purported discharge by the Adjudicator of their functions as ii. from the day that we issue Forms or documents, regardless of the date they are
Adjudicator unless the act or omission is in bad faith and any employee or agent of received or seen by the Parties.
the DPS (whether that person is the Adjudicator or otherwise) is similarly protected c. Unless correspondence relates to Dispute Resolution, the Statutory Declaration
from liability. Process, or the repayment of a Deposit, all communications will be sent by 2nd class
d. In the event that you do not comply with these Terms and Conditions and this results post. Correspondence related to Dispute Resolution, Statutory Declaration Process,
in loss or damage to The DPS, you shall be liable to compensate us for any such loss or the repayment of the Deposit will be sent by 1st class post.
or damage. d. If you are in any doubt as to whether we have received or carried out any of your
e. Any limitation or exclusion of liability under these Terms and Conditions shall only instructions, you should telephone us immediately on 0330 303 0033.
operate to the extent permitted by law. e. We may determine in our absolute discretion whether anyone has complied with
f. You must contact us immediately if you suspect that your password, Landlord ID, these Terms and Conditions.
Deposit ID or log in details have been lost, disclosed to, or obtained by, anyone who is f. All Deposits will be held in a designated bank account which we maintain for all parties
unauthorised to have them, and that their integrity is threatened. Until you notify us using the Scheme.
that it has been compromised, we will assume that any instructions received in any g. From time to time we may change these Terms and Conditions. We will keep you informed
form, which have been authenticated by your Landlord ID, Deposit ID or your log in about changes with a message on our homepage at www.depositprotection.com and
details are genuine and are valid instructions from you and we will act accordingly. when you log in to use the online service. You can always find our current Terms and
You will be liable for all such transactions. Conditions on our website too. If you would like a paper copy, call or email us. All Forms
g. Once processed, a Form or online Deposit response is a binding instruction to make or online submissions will be processed and all Disputes dealt with in accordance
payment; you are not entitled to cancel, amend or revoke such an instruction. with the Terms and Conditions in force at the time the relevant Forms or online
h. You are responsible for ensuring that any bank account details entered online for submissions are received by us. Our Terms and Conditions can be viewed online at
repayment are correct. Once payment has been made we are not obliged to recover www.depositprotection.com or a paper copy is available on written request.
funds that have been paid out incorrectly due to incorrect account details being h. If any part of the terms of these Terms and Conditions proves to be or unenforceable
entered online. in any way, this will not affect the validity of the remaining Terms and Conditions in
i. We do not accept liability for the actions of any third parties including Letting Agents. any way.
29. Complaints i. If we relax any part of these Terms and Conditions once or more than once, each
a. We hope that you are always satisfied with our service, however, if you are unhappy instance would be considered a one-off, or a temporary decision. It will not affect our
with our service, we have a complaints handling procedure. We can provide you with right to enforce the term strictly again when we wish to.
a copy upon request. j. We reserve the right to delay taking action on any particular instruction if we consider
b. If you ever feel that we have fallen short of the standards we set ourselves and you that we need to obtain further information or to comply with any legal or regulatory
have cause for complaint, please let us know. We treat all complaints seriously and requirement binding on us (including obtaining evidence of identity to comply with
investigate them fully. If a Party is dissatisfied with the outcome of an Adjudication money laundering regulations) or to investigate any concerns we may have about the
that shall not constitute grounds for a complaint. validity or any other matter relating to the instruction.
To send us a letter, you can write to us here at the address in section 36. k. We won’t do, or refrain from doing, anything which would, or might in our judgment,
To send us an email, please use: complaints@depositprotection.com break any relevant laws, rules, regulations or codes or risk exposing us to criticism for
30. Service Availability behaving improperly or not acting in accordance with good market practice.
a. The online service will usually be available for use 24 hours a day, every day of l. We will not tolerate abusive or offensive behaviour towards staff members. We will not
the year subject to scheduled down time that will be advertised on the site to respond to any email or communication which we deem to be abusive or offensive.
users prior to any down time being implemented. However, the service may be Any abusive or offensive behaviour towards our Customer Service Representatives
temporarily unavailable for a number of reasons, including routine and emergency will result in the call being terminated immediately.
maintenance, excess demand for the service, failure of the internet and other m.If an Agent is appointed by a Landlord, it is the sole responsibility of the Landlord to
circumstances beyond our control. complete all due diligence required on the Agent to register their Tenant(s) Deposit(s)
b. We shall not have any liability to you for any non-availability or interruption in with The DPS.
the operation of the service (wholly or part of) or for any failure or delay of a n. Registration with The DPS and use of the Custodial Scheme cannot be taken as
communication. It is your responsibility to ensure that any communications are sent indication as to the credibility of the Party.
in sufficient time to be received within any deadlines. 35. Governing Law
31. Online Security These Terms and Conditions are governed by and will be interpreted under the laws of
a. Except where we have been negligent, we do not accept any responsibility for England and Wales. In the event of a Dispute the English courts will have jurisdiction.
any interception, redirection, corruption, copying, reading, tampering or loss of 36. Contact details
confidentiality which may take place either once an email message has been sent The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99 6AA.
by us or prior to an email message being received by us or for any losses, claims, To speak to us, call: 0330 303 0033.
damages or expenses which may be suffered or incurred by you as a result of To send us an email message, use our online enquiry form. You can find this on the help
any such interception, redirection, corruption, copying, reading, tampering or pages of our website.
loss of confidentiality.
b. We take reasonable care to ensure that electronic communications generated by
the online service are free of viruses or other corruption of data. Before opening
or using any documents or attachments, you must check them for viruses
and defects. Our liability in this respect is limited to re-supplying any affected
documents or attachments.
c. You are responsible for ensuring all electronic communications sent by you to us
are free from viruses or defects. If a communication from you is found to contain
a virus, we shall not be obliged to receive or act upon such communication.
d. We shall not be responsible for delays or failure to perform any of our obligations
due to acts beyond our control. Such acts shall include, but not be limited to, acts
of God, strikes, lockout, riots, acts of war, epidemics, governmental regulations
superimposed after the fact, communication or line failures, power failure,
earthquakes or other disasters.
e. If you are sending an e-mail to us, please ensure your e-mail does not exceed 20
megabytes. Any e-mails received larger than 20 megabytes may not be received.
f. Any information supplied on our website, by our virtual agent, within our FAQs on
the telephone or by post is for guidance only. Independent advice should be sought
regarding the interpretation of any applicable legislation.
g. You are responsible for keeping any passwords in relation to us secure. We accept no
liability for any loss incurred as a result of you not ensuring your passwords are kept
as secure as possible. May2018 V24

Tenancy Agreement For 8 Berkeley Court, Reading, Berkshire, RG1 6LH - Encrypted - PDF

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Tenancy Agreement For 8 Berkeley Court, Reading, Berkshire, RG1 6LH - Encrypted - PDF

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ASSURED SHORTHOLD TENANCY AGREEMENT

for letting a residential dwelling

The “Tenant” is: PAUL BROWN

Term: For the term of 12 MONTHS commencing on 01/09/2019

Rent: £1,100.00 / ONE THOUSAND, ONE HUNDRED POUNDS PER MONTH

Signatures: Date: Signature Date:

Possession of the Property

(b) a person acting at the tenant’s instigation.

1. The Landlord and Tenant Agreement

Further Charges to be paid by the Tenant

Access and inspection

Use of the Property

Leaving the Property Empty

Locks and Alarms

Garden (if any)

Inventory and Checkout

Head Lease (if any)

Energy Performance Certificates

Cash Payment of Rent

Statutory Repairing Obligations

Head Lease (if any)

Inventory and Check Out

Possessions and Refuse

It is agreed between the Landlord and Tenant as follows:

Ending the Tenancy and Re-entry

Interruptions to the Tenancy

Data Protection Act 2018 and General Data Protection Regulation

Owner Occupier: Ground 1

Mortgagee: Ground 2 (where applicable)

1. The following clauses set out:

h.any unpaid telephone or broadband charges.

The Deposit Protection Service

To: PAUL BROWN AND MARTIN HEWIS

See attached Terms and Conditions.

(a) Amount of deposit paid.

(c) Address of property to which the tenancy relates.

8 BERKELEY COURT, READING, BERKSHIRE, RG1 6LH

Name, address and details of Landlord(s)

Name: DONALD FRANCIS MORGAN AND BEHIYE BERRIN MORGAN

(d) Name, address and contact details of the Tenant(s).

(1) Name: PAUL BROWN

Contact address to be used by The Landlord at the end of the tenancy:

(2) Name: MARTIN HEWIS

Telephone number(s): 07763 956 536

Contact address to be used by The Landlord at the end of the tenancy:

 Name of Third Party making the payment:

Name: Signature: Date:

(Signed by Purplebricks on behalf of the Landlord) { {TenancyManager_es_:signer5:signature}} {{TenancyManager_es_:signer5:date }}

Tenant 1: PAUL BROWN Pbrown

Tenant 2: MARTIN HEWIS

RENT The checklist for

Part of the How to Guides series

Who is this guide for? 3 The tenant must... 8

Before you start 4 The landlord must... 9

Renting from a landlord or a letting agent? 4 At the end of the fixed period 10

Ways to rent a property 5 If you want to stay 10

Looking for your new home 5 If you or the landlord want to

This information is frequently updated.

Assured shorthold tenancies

Before you start

Ways to rent a property

Looking for your new home

££ You may be offered a deposit ££ Length of tenancy. There is usually a fixed