My deposits assured shorthold tenancy agreement

MyDeposits Assured Shorthold Tenancy Agreement

MyDeposits assured shorthold tenancy agreement to be used for the MyDeposits tenancy deposit scheme.

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Product Description

Product Code: F003 – for updates see tab

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

This agreement is for use where a deposit is taken and is to be protected using the MyDeposits tenancy deposit scheme. It can be used for either their insured or custodial scheme. Both custodial and insured leaflets are provided within the prescribed information and you can remove whichever does not apply.

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 MyDeposits.
  • 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 – F003 04/16

04/16 – Replaced old tenant’s leaflet with new one launched April 2016. Added both insured leaflet and new ‘custodial scheme’ leaflet so agreement is suitable for both options. Remove the leaflet that doesn’t apply.

### Previous versions

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.

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

10/15a – Changed prescribed information (address of scheme has changed and the “tenants leaflet”).

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)

08/14 – Quite a big update. Changed prescribed information, periodic continuation clause, subletting clause, notice to terminate and the goods left at property clause. Also added a new clause about email communication from a tenant. *Please note we made a small update on 11 August in addition to the earlier one a couple of days before. This latest change is to the clause numbers in the prescribed information.

04/14 – Updated prescribed information with new leaflet.

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.

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

08/13 – Changes made to prescribed information template – minor changes to tenant details sections (removal of word ‘lead’ in couple of places). Changed ‘information to tenants’ leaflet to the smaller size version which has saved 3 pages and reduced the file size. Changed the signature page.

07/13 – Fixed small error with numbers on back page and made changes to prescribed information leaflet.

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 – Fairly minor alterations to prescribed information mostly

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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