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Tenancy Deposit Scheme

Landlord and Tenant

From April 2007 Landlords entering into residential Tenancy Agreements were required to safeguard deposits by setting up a Tenancy Deposit Scheme.  Landlords must within 14 days of receiving the deposit give Tenants certain prescribed information explaining how the deposit has been protected. If Landlords do not comply with the requirements they face sanctions (payment of three times the deposit). In a recent case of Potts v Densley (2011) it was held a Landlord has until the date of the hearing to comply with Tenancy Deposit Scheme requirements.  If it does so this is a complete defence, regardless of whether the tenancy ended before the requirements were complied with.