Deposit protection service (DPS) assured shorthold tenancy agreemment

Deposit Protection Service Assured Shorthold Tenancy

4 out of 5 based on 1 customer rating
(2 customer reviews)

Deposit Protection Service assured shorthold tenancy agreement template which is used where a deposit is being taken and protected with the DPS tenancy deposit scheme.

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Product Description

Product Code: F002 – see tab for version history.

Guild landlords get deposit protection for £12.00 (deposit up to £500) or £20.20 (deposit greater than £500) via discount code to DPS insured scheme.

To be used where the Deposit Protection Service is to be used to protect the deposit. This document can be used for both DPS custodial or DPS insured. You may save pages by removing pages which don’t apply to you (custodial or insured).

The guidance for completing the agreement and checking it’s suitability is now on our website rather than an additional page built into the tenancy agreement.

This agreement must not be used for the following purposes:

  • If you are protecting the deposit in any scheme other than the Deposit Protection Service.
  • If the rent is to be greater than £100,000 per annum
  • If the tenant is not to be an individual (e.g. company)
  • If it is not intended to be for the used by the tenant as their only or principle home
  • If the tenancy is pursuant to an earlier contract to the same tenants and the earlier contract was made before 15 January 1989.
  • If the dwelling-house is in Greater London AND the rent payable £1,000 or less a year or, If the dwelling-house is not in Greater London AND the rent payable is £250 or less a year.
  • If the tenancy is for the purposes of a business.
  • If the dwelling-house consists of or comprises premises licensed for the sale of intoxicating liquors for consumption on the premises.
  • If it is a tenancy under which agricultural land, exceeding two acres, is let together with the dwelling-house.
  • If the tenancy is an agricultural holding.
  • If the purpose of the tenancy is to confer on the tenant the right to occupy the dwelling-house for a holiday.
  • If the landlord is a Resident Landlord as defined in Schedule 1 Housing Act 1988.
  • If the tenant is to be a lodger, living with the landlord.
  • If the tenancy is to be granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under Part VI of the Immigration and Asylum Act 1999

Version History

### Latest version – F002 02/16

02/16 – inserted the new how to rent guide as published by the DCLG, February 2016. Also, added a clearer ground 1 and 2 notice and made small change to subletting clause.

On 15 February 2016 we re-arranged part of the prescribed information to make it easier to remove the custodial or insured scheme information as you wish before printing. We haven’t changed the code because no other changes were made.

### Previous versions

10/15v2 – updated scheme rules (appears to have been a layout change by the DPS)

9 October inserted new version of smoke and CO alarm test certificate.

10/15 – Inserted new October version of the “how to rent” guide and allowed (with prior consent) a “home business” to be operated from the premises. Minor change to the burning solid fuel clause.

09/15 – Updated for major law changes for all tenancies granted on or after 1 October 2015 in England (agreement still suitable for Wales). Changes include:

* addition of new service of documents by e-mail boxes to be completed
* built in the “how to rent guide” (for use in England only)
* added our document checklist form
* added a smoke and CO alarm test certificate
* added legionella info
* clarified about open fires not to be used without consent

06/15a – Minor correction to couple of grammar errors.

06/15 – Major overhaul to the terms of the tenancy agreement. Most clauses have had some minor tweak and some have been replaced altogether. Some of the main areas of change include:
* major change to the landlord repairing obligations further clarifying notice requirements regardless of where any defect is located as a result of recent Court of Appeal rulings
* general overhaul where necessary to include Universal Credit
* changes to utility and council tax clauses
* rearrangement of many clauses and new headings to give a more fluid feel to the document as a whole
* many grammatical improvements throughout
* the absolute prohibition of sub-letting or assignment
* improvements to the fire safety clauses
* improvements to the data protection clauses
* addition of some new clauses
* improved formatting for when a duplex printer is used (two sided printing)

04/15 – Updated to incorporate new DPS scheme rules and leaflets into prescribed information. Also made improvements to the boxes when completing on-screen. Removed green deal acknowledgment from bottom of page 6 and created a separate document to be added only when needed.

08/14 – Added new clause about delivery of notices including email. Amended notice to terminate, continuation, subletting and end of tenancy clauses. Small change to prescribed information (change of clause numbers due to insertion of new).

07/14 – New scheme rules in prescribed information so important update. Made changes to periodic continuation, notice requirements and subletting clauses. Also other small improvements.

02/14 – Amended requiring deposit on or before commencement and clarifying that the tenancy is not a receipt for the payment of a deposit. Amended the prescribed information to reflect the changes. Updated to our new logo which is slowly being phased in.

12/13 – One of the scheme rules pages was out of it’s order within the prescribed information which this update fixes. In addition, very minor changes have been made to a number of clauses (between 46 and 77).

09/13 – Amended prescribed information by removing “date deposit received…” section to avoid confusion when re-issuing after Superstrike.

08/13 – Changes to the prescribed information including minor change to all the ‘tenant’ details sections (the word “lead” was previously used couple of times). In addition, overhauled the back page (certificate) to create two certificates – one for landlord and for tenant to sign.

06/13 – Changes made to avoid potential problems created by Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 so that prescribed information will not need to be served when tenancy goes periodic.

05/13 – DPS changed their scheme terms and conditions. It would seem only cosmetic changes though so this is a minor update.

04/13 – Main changes to prescribed information and front page of AST. This agreement is suitable for both insured scheme (launched 1 April 2013) and custodial.

02/13 – Added new clause under rights of entry section about consequences of failing to allow a viewing with a prospective tenant (including council tax liability). Also amended the prior clause.

12/12 – Major overhaul of tenancy agreement including amending of many clauses. Added new green deal acknowledgement as required by the green deal legislation. Also made the document a deed for all cases (including less than 3 years).

2 reviews for Deposit Protection Service Assured Shorthold Tenancy

  1. 4 out of 5

    :

    Adrian,

    Thanks for the update. Observation of ‘Term 6’: “… and it may be used to pay [or] compensate the landlord …”.

    Just a thought: Given that most people view both soft and hard copy documents as A4 portrait format, why not insert the government’s portrait version of the ‘How to rent’ guide?

    Peter

  2. :

    Thanks for the note. The only reason the guide is that way is to save the number of pages. It would add 8 pages in total but now only 4.

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