TDP Amendments Confirmed

The Government has been discussing new amendments to Tenancy Deposit Protection arrangements for a while now, with a view to introducing the changes as of April this year. These amendments are designed to protect tenant’s deposits and landlords need to make sure they are fully aware of the changes so that they do not fall foul of the law.

What are the key amendments to the Tenancy Deposit Scheme landlords should be aware of?

1. The new changes come into effect from 6 April 2012.

2. Landlords have thirty days from receipt of the deposit to place it in an approved deposit protection scheme.

3. Landlords must give their tenants essential information about the Tenancy Deposit protection scheme within the same 30-day period.

What happens if landlords fail to comply with the requirements of the Tenancy Deposit Protection scheme?

If you fail to comply, your tenant can take you to court and you face being fined. The amount of the fine you may be liable for is down to the discretion of the courts, but it can be anything up to three times the amount of the original deposit, and this penalty will be payable even if you are just a bit late dealing with your tenant’s deposit. You will also lose the right to serve a Section 21 Notice until you return the tenant’s deposit or the claim has been settled one way or another.

For those of you who would like further information on this important subject, check out the website for the Department for Communities and Local Government (DCLG).

Landlords & Electricity

As a landlord, are you aware of your responsibilities when it comes to electrical safety? Well according to the Electrical Safety Council, a lot of landlords are blissfully unaware of issues surrounding electrical safety in rented accommodation, and with the numbers of private tenants in the UK disproportionately affected by electrical shocks and other electrical hazards, this is rather worrying!

Although most landlords are fully aware that gas appliances must be regularly checked and maintained, far too many are ignoring the dangers of dodgy wiring and potentially lethal electrical appliances. Indeed, a staggering 29% of landlords admitted that they had no idea whose responsibility it was when questioned.

So who IS responsible for taking care of the electrics in a rented property—landlord or tenant?

The law is very clear on this: landlords are responsible for ensuring all electrical installations and wiring is safe throughout the duration of a tenancy agreement. This means that you, the landlord, must have made sure wiring is up to scratch and all electrical appliances have been checked and are safe to use. Tenants are responsible for any electrical gadgets and appliances they bring with them, but they should tell the landlord if anything is amiss with the electrics during their tenancy.

What happens if a landlord fails to adhere to their responsibilities?

If you are subsequently found to have been negligent with regard to electrical safety, you could be prosecuted and fined up to £5,000 per individual count, or even imprisoned if the offence is deemed to be serious enough.