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Question

Deposits and Tenancy Deposit Schemes (England) | Prescribed Information (England)

tenancy deposit and tenancy agreement

21 Dec 2017 | 1 comment

TA states that the deposit will be protected under TDS, whereas in the end it was protected with the DPS, the tenants claiming they can make claim based on that, whats your thoughts?

Answer

1 Comment

  1. guildy

    In our view no.

    The only two things that attract a penalty are failing to comply with the initial requirements of a scheme and failing to provide prescribed information.

    Therefore, as long as it was protected and the full prescribed information was provided for the correct scheme within 30 days, in our view no penalty is payable.

    However, as yet it hasn’t been tested to our knowledge.

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