Dispute service assured shortfall tenancy agreement

Dispute Service – Tenancy Deposit Scheme – AST

Dispute Service tenancy deposit scheme assured shorthold tenancy agreement template which is used where a deposit is being taken and protected with the Dispute Service tenancy deposit scheme by landlords (not suitable for agents)


Product Description

Product Code: F004 – for updates see tab

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.

This assured shorthold tenancy agreement may be used by either landlords or letting agents where the deposit is to be protected with the Tenancy Deposit Scheme operated by the Dispute Service.

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 with the Tenancy Deposit Scheme (operated by Dispute 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

### Current version – F004 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.

### Previous versions

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 (without consent)
* 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)

08/14 – Fairly big update. Changes to continuation, subletting, notice to terminate and ending tenancy clauses. Also added new clause about delivery of notices including by email. Minor change to prescribed information as a result of changes.

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.

11/13 – Amended so can be used by both landlords and agents. Made some minor changes to a small number of clauses between 46 and 77 mostly inserting “the tenant is to …” at the beginning of a number of clauses. Made a minor change to ensure definition of deposit includes a letting agent in the bullet points at the beginning of the tenancy.

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

08/13 – Changed tenancy agreement to remove all references to ‘lead tenant’ because this scheme no longer allows. Altered prescribed information to remove all references to lead tenant. Altered back signature page of prescribed information.

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.

04/13 – Significantly improved the tenancy agreement and removed 2 pages because the scheme has waived the requirement to have various clauses in the tenancy agreement. It is now in-line with all our other deposit agreements.

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).


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