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The Deposit Protection Service tenancy deposit scheme

The DPS is open to all private landlords and letting agents, with no pre-conditions to meet or assessments to take.

Who can use The Deposit Protection Service (The DPS) ?

All landlords and letting agents, and is the only scheme that is free to use.

Whats the Cost of the Scheme?

Nothing, its Free to landlord and agents and for the tenants themselves.

How is the Deposit Protected?

The deposit is placed in a secured account with UK Government approved banks, so for safe, secure and straightforward deposit protection, The DPS is ideal.

How is the Deposit Registered?

Registration is done by landlords and agents and the deposit amount itself is submitted to the DPS deposit account where it is protected by The DPS. Your landlord/letting agent must pay the deposit over to The DPS within 14 days of receiving it and provide us with the tenancy details and your contact details.

Can I access my deposit details online?

When your deposit is registered we send you your unique deposit ID number and login details to the site where you can log in to access your tenancy details. If you have not received this information request it. You can login here

How do I request payment of my deposit?

Tenants request the repayment of a deposit to the appropriate parties at the end of a tenancy online or by calling us and requesting a paper form. When one party requests a repayment, the other needs to confirm whether they agree with the proposal, by completing an acceptance form – either online or by post. It is in the best interests of all parties to agree promptly on how the deposit is to be repaid, so that everyone receives the funds due to them quickly and amicably.

What happens if we can’t agree on how the deposit is repaid?

The DPS run an independent Alternative Dispute Resolution (ADR) service which aims to resolve any dispute quickly and without the need for court action. It is an evidence-based adjudication service, but requires the consent of both parties.

How quickly can I get my deposit back after the end of the tenancy?

All deposits are repaid within 10 calendar days of the correctly completed acceptance form being received by The DPS.

Summary of Benefits of the Scheme.

  • Landlords and letting agents can access online accounts 24/7 and submit deposits in minutes, allowing you to concentrate on doing business, not admin.
  • The DPS is the only Government-authorised custodial scheme that is free to use.
  • All funds are ring fenced in accordance with client money regulations.
  • The DPS is open to all private landlords and letting agents, with no pre-conditions to meet or assessments to take.
  • An independent and free Alternative Dispute Resolution (ADR) service will aim to resolve any disputes quickly and without the need for court action. Landlords, agents and tenants could also earn interest on any proportion of the deposit they are entitled to retain at the end of a tenancy.
  • The DPS is managed by Computershare Investor Services Plc, a global business with more than ten years’ deposit protection experience.

What are the terms and conditions of using the Deposit Protection Scheme?

The full content of the schemes Ts&Cs can be found HERE

We have listed a subection of them here for ease of searching, but we recommend to look at the full details at the address above.

The Deposit Protection Service

Terms and Conditions

1

1. Defi nitions

Wherever the following words and phrases appear in these Terms and

Conditions they will always have the following meanings:

ADR Procedure means all or any of (i) the procedure for submitting the

Landlord’s Evidence Form and the Tenant’s Evidence Form to The DPS; (ii) the

procedure for disputing a Single Claim (iii) the acceptance of a Dispute into

the Adjudication process; and (iv) the Adjudication including implementing

the Decision;

Adjudication means an evidence based decision making process as a result

of which a Decision shall be made as to how a Dispute should be resolved

and Adjudicate shall be defi ned accordingly;

Adjudicator means an independent, impartial and qualifi ed expert appointed

by The DPS to Adjudicate and provide a Decision;

Business Day means a day (other than a Saturday, Sunday or public

holiday) on which banks in the United Kingdom are open for general

non-automated business;

Change of Landlord/ Agent Form means a paper or online form completed

by the Landlord notifying The DPS that there has been a change in the

identity of the Landlord;

Contact Centre means The DPS’s dedicated telephone contact centre which

can be contacted on 0844 4727 000;

Custodial Tenancy Deposit Scheme means the scheme established under the

Housing Act 2004 under which a Deposit relating to the Tenancy in respect of

which you are the Landlord, Tenant or a Relevant Party has been deposited

with The DPS;

The DPS means The Deposit Protection Service provided by Computershare

Investor Services PLC, a company registered in England & Wales, under

company number 3498808 and whose registered offi ce is at The Pavilions,

Bridgwater Road, Bristol BS13 8AE, on behalf of the Government (Communities

and Local Government (CLG));

Decision means the reasoned decision of the Adjudicator made in relation to

a Dispute in accordance with these Terms and Conditions, as notifi ed to the

Landlord and Tenant and implemented by The DPS;

Deposit means any single amount of money paid by the Tenant or a Third

Party to the Landlord under the Tenancy agreement as security against the

performance of the Tenant’s obligations under the Tenancy agreement, the

discharge of any liabilities, any damage to the property and/ or non-payment

of rent during the Tenancy;

Deposit ID the unique identifying reference number allocated to a Deposit

in relation to a particular Tenancy following the successful submission of a

Deposit to The DPS by the Landlord or Relevant Party;

Deposit Submission Form means the form to be completed by the Landlord in

accordance with these Terms and Conditions and submitted to The DPS with a

payment equalling the amount of the Deposit;

Dispute means a dispute between the Landlord and the Tenant relating to how

much of the Deposit, if any, held by The DPS under the Custodial Tenancy Deposit

Scheme should be returned by The DPS to the Tenant at the end of the Tenancy;

Dispute Papers means the documents detailed in Section 28a;

Forms means all forms required to be submitted in relation to the Service and

includes the Change of Landlord/ Agent Form, the Deposit Submission Form, the

Landlord’s Evidence Form, the Joint Repayment Form, the Tenant’s Evidence

Form, the Statutory Declaration and the Statutory Declaration Notice;

Joint Deposit Repayment Form means a form to be completed by both the

Landlord and Tenant whether on paper or online:

(i) requesting that all or part of the Deposit be repaid in accordance with the

agreed instructions it contains; AND/OR

(ii) notifying The DPS that there is a Dispute in relation to the repayment

of all or part of the Deposit, requesting that the Dispute be referred to

Adjudication in accordance with these Terms and Conditions and confi rming

that Landlord and Tenant will be bound by the Decision of the Adjudicator

Joint Tenancy means a Tenancy where there is more than one Tenant and

Joint Tenants shall be construed accordingly;

Landlord means a Landlord of a Tenancy and for the purposes of these Terms

and Conditions includes a Letting Agent, where applicable;

Landlord’s Evidence Form means the standard landlord’s evidence form

completed by the Landlord containing evidence in support of the Dispute;

Landlord ID means the unique identifying reference number allocated to the

Landlord by The DPS following their registration with the Service;

Landlord’s Repayment ID means the identifying number issued by The DPS to

the Landlord which is unique to the Landlord and Deposit to which it relates

and which will be required by the Landlord to claim repayment of the Deposit;

Lead Tenant means:

(i) in the case of Joint Tenants, one of their number who has been nominated

to act on their behalf; and

(ii) where there is a Third Party, the person nominated to act on behalf of the

Tenant(s) and the Third Party; and

(iii) where there is only one Tenant, that Tenant.

Letting Agent means the individual or company who lets or manages property

on behalf of the Landlord;

Parties means the Landlord and Tenant and Party shall be construed accordingly;

Prescribed Information means the information which must be provided by

the Landlord to Tenant(s) in accordance with the Housing (Tenancy Deposits)

Prescribed Information Order 2007;

Repayment ID means together the Landlord’s Repayment ID and the Tenant’s

Repayment ID;

Service means the Custodial Tenancy Deposit Scheme provided by The DPS on

behalf of the Government (Communities and Local Government);

Single Claim means a claim by a Party for the repayment of all or part of

the Deposit when the other Party is uncontactable or not responding to

correspondence as further detailed in Section 20;

Statutory Declaration means the statutory declaration completed by either

the Landlord or the Tenant claiming repayment of all or part of the Deposit in

accordance with Single Claim Process;

Statutory Declaration Notice means a notice to be served by The DPS following

the receipt of a Statutory Declaration;

Terms and Conditions means these Deposit Protection Service Terms

and Conditions;

Tenancy means an assured shorthold tenancy of a property which is part of the

Custodial Tenancy Deposit Scheme;

Tenant means the Tenant of a Tenancy and includes Lead Tenants and

Joint Tenants;

Tenant’s Evidence Form means the standard tenant’s evidence form

completed by the Tenant containing evidence in response to the Landlord’s

Evidence Form;

Tenant’s Repayment ID means the identifying number issued by The DPS to

the Tenant which is unique to the Tenant and Deposit to which it relates and

which will be required by the Tenant in order for them to claim repayment of

the Deposit;

Third Party means a person who has paid a Deposit in respect of a Tenancy to

a Landlord on behalf of a Tenant and who is a relevant person for the purposes

of Sections 212 to 215 of the Housing Act 2004;

Transfer means

(i) the transfer of a Tenancy from one Landlord to a new Landlord; or

(ii) the transfer of a Tenancy from one Tenant to a new Tenant; or

(iii) in the case of a Joint Tenancy, a change in the identity of one or more

Joint Tenants;

you means the Party using the Service in accordance with these Terms and

Conditions and your shall be defi ned accordingly;

Virtual Agent means an interactive program that serves as an online customer

service advisor.

2. Background – The Housing Act 2004

a. If you are a Landlord in England and Wales and you enter into a Tenancy

and take a Deposit from your Tenant on or after 6 April 2007, or you

renew an existing Tenancy whether on the same or on different terms

to the previous Tenancy, the Deposit must be protected in a Government

authorised tenancy deposit scheme. This rule only applies if the tenancy is

an assured shorthold tenancy.

b. The DPS operates the only tenancy deposit scheme which is free to use

(including the ADR Process) and open to all Landlords. The DPS is funded

entirely from the interest earned on Deposits held.

c. If the Deposit is not protected in a Government authorised tenancy deposit

scheme and/ or the prescribed information required by the Housing Act

2004 is not provided, Tenants may make an application to Court and

the Court may order that the Deposit be repaid to the Tenant or that the

Deposit be paid into a Government authorised tenancy deposit scheme. The

Court must also order that the Landlord pay compensation of three times

the amount of the Deposit. Further, any failure to comply with Section 213

of the Housing Act means that no Section 21 notice can be given.

d. The Landlord has a statutory obligation to provide the Tenant(s) with the

Prescribed Information within 14 days from receipt of the Deposit. The

Landlord must give the Tenant(s) the opportunity to check and sign the

Prescribed Information by way of confi rmation that it is correct. The DPS

will provide the confi rmation detailed in section 13 of these Terms and

Conditions but The DPS cannot provide the Prescribed Information on

behalf of Landlords. A Prescribed Information template can however be

downloaded at www.depositprotection.com.

e. Deposits are protected to ensure:

i. when Tenants are entitled to it, they get all or part of their Deposit back;

ii. when Tenants are not entitled to get all or part of their Deposit back,

all or part of the Deposit is paid to the Landlord;

iii. any Disputes between Tenants and Landlords will be easier and

cheaper to resolve;

iv. Tenants are encouraged to look after the property they are renting.

3. Overview of how the Service works

a. The Tenant pays the Landlord the Deposit in accordance with the terms of

the Tenancy agreement. If the Landlord chooses to protect the Deposit with

the Custodial Tenancy Deposit Scheme, the Housing Act 2004 requires that

the Landlord must pay the Deposit to The DPS within 14 days of physically

receiving it. The DPS will, however, accept Deposits after this time.

b. Following the successful protection of a Deposit, The DPS will provide

confi rmation of receipt and other information to the Landlord and

Tenant as detailed further in Section 13. The Landlord must provide the

Prescribed Information.

c. At the end of the Tenancy, the Landlord and Tenant should attempt to

agree the basis for repayment of the Deposit to the Landlord, Tenant or

1 Section 212 to 215 and Schedule 10 of the Housing Act 2004

DPS_terms&conditions_Mar2011_V17.0 11PRXJ P05

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the Third Party (if any). The Landlord and Tenant must complete a Joint

Deposit Repayment Form confi rming:

i. the amount of the Deposit repayment of which is agreed; and

ii. the amount of the Deposit repayment of which is not agreed.

d. Any agreed amount of the Deposit will be paid out by The DPS in accordance

with the Joint Deposit Repayment Form within 10 calendar days of receipt

of the correctly completed Joint Deposit Repayment form.

e. If there is a Dispute regarding the repayment of all or part of the Deposit the

Dispute will be dealt with in accordance with these Terms and Conditions

(see Sections 23 to 28) unless the DPS are notifi ed otherwise in writing.

f. If a Landlord has no current address for the Tenant or the Tenant fails

to respond to the Landlord’s written notice requiring that the Landlord

be paid some or all of the Deposit within 14 calendar days of the end

of the Tenancy, the Landlord may follow the Single Claim Process (see

Sections 20 to 22).

g. If a Tenant has no current address for the Landlord or the Landlord fails

to respond to the Tenant’s written notice asking whether the Landlord

accepts that the Tenant should be paid some or all of the Deposit within

14 calendar days of the end of the Tenancy, the Tenant may follow the

Single Claim Process (see Sections 20 to 22).

4. Ways to Contact The DPS

a. The Online Service

i. Landlords may register online and Parties may complete and submit

Forms online by visiting www.depositprotection.com

ii. Parties may communicate with The DPS by completing an

online Enquiry Form available through our Virtual Agent or the

Frequently Asked Questions at www.depositprotection.com or, if a

Dispute is being dealt with under the ADR Procedure, by emailing

disputes@depositprotection.com.

iii. Subject to Section 30(d), the online Service will be available

24 hours per day, 7 days per week and 365 days per year.

iv. All transactions processed via the online service will be processed in

real time.

b. Contact Centre Service

i. The Contact Centre is available to:

1. provide help and enquiry services to Landlords, Letting Agents

and Tenants in connection with the Service;

2. process requests for Forms; and

3. manage new registrations of Landlords and Letting Agents.

ii. The telephone number for the Contact Centre is 0844 4727 000.

iii. The Contact Centre will operate Monday to Friday from 08.30 – 17.30

(excluding weekends and bank holidays).

iv. All Landlords requesting Forms will be asked for their Landlord ID and the

Deposit ID, where applicable, in order to process requests for Forms.

v. All Tenants requesting Forms will be asked for their Deposit ID in order

to process requests for Forms.

vi. Before providing any held data, callers will be positively identifi ed

by a Contact Centre representative. If callers are unable to provide

satisfactory answers to questions posed to establish the positive

identity of the caller, the call will not be able to proceed.

c. Paper Based Service

i. All Parties will be able to correspond with The DPS in writing and to

request paper copies of Forms. All correspondence and completed

paper Forms should be submitted to:

The Deposit Protection Service

The Pavilions

Bridgwater Road

Bristol

BS99 6AA

ii. Paper Forms can be requested via The DPS helpline on 0844 4727 000.

iii. Any Forms requested will be pre-printed with any known relevant

information linked to the transaction in question and mailed to the

correspondence address of the requesting Party. Return of photocopied

or altered forms will not be acceptable.

5. Registering for the Service – general information

a. All information provided by Landlords at the time of registration must to

the best of their knowledge be up to date and factually correct.

b. The DPS will require all Landlords (other than Letting Agents) to provide

the following mandatory pieces of information:

i. full name and title of the Landlord;

ii. correspondence address of the Landlord;

iii. at least one contact telephone number for the Landlord; and

iv. online registrants and users will have to provide a valid

email address.

c. The DPS will require all Letting Agents to provide the following mandatory

pieces of information:

i. full name and title of the primary contact at the Letting Agent;

ii. Letting Agent’s name;

iii. correspondence address of the Letting Agent;

iv. at least one contact telephone number for the Letting Agent;

v. online registrants and users will have to provide a valid email address.

6. Registering Online

a. Landlords may register online at www.depositprotection.com

b. All online registrants will have to confi rm that they have read and agree to

be bound by these Terms and Conditions.

c. Landlords will be required to supply a valid email address and select a

password that must be a minimum of 5 characters in length to use the

online service. This password should be kept secure at all times and should

not be disclosed to anyone.

d. Online registrants will receive a password activation email. To validate

their registration the Landlord must click through the link in the

email and log onto the Service.

e. Once the registration has been validated a welcome email will

be sent to the email address provided. This email will contain the

Landlord’s ID and will attach a link to these Terms and Conditions.

f. The unique combination of the email address and password

provided by the Landlord will be used to validate the Landlord’s

identity on login, provide access to all information stored by

The DPS on the Landlord or Letting Agent, allow Landlords

to update data held by The DPS in relation to the Tenancy

including a Change of Landlord or Change of Tenants and to

instigate the Deposit repayment process.

7. Registering by Telephone

a. Landlords may register by telephone by calling 0844 4727 000.

b. All Landlords who register for the Service via the Contact Centre

will be provided with:

i. a Landlord’s ID on the telephone which will be confi rmed in

writing; and

ii. a written copy of these Terms and Conditions will be sent within

3 Business Days of registering with The DPS. By registering

for the Service, Landlords will be deemed to have accepted

these Terms and Conditions.

8. Joint Tenancies and Third Parties

a. Where there are Joint Tenants the Landlord is recommended to

arrange for the individual Deposits of each Joint Tenant to be

submitted separately to The DPS. Alternatively, where there are Joint

Tenants or a Third Party registered together on a Deposit, the Landlord

must manage the relationship between the Joint Tenants, and between

the Tenant and any Third Party, and identify a Lead Tenant in the Deposit

Submission Form who is authorised to act on behalf of all Joint Tenants and

any Third Party.

b. The Lead Tenant will represent the interests of all Joint Tenants and any

Third Party, and will act on their behalf specifi cally in connection with the

completion of the Joint Repayment Form, any Statutory Declaration or the

Tenant’s Evidence Form or any other relevant Form. It is the responsibility

of the Lead Tenant to agree with the Landlord the distribution of Deposit

at the end of the Tenancy between the Landlord, the Joint Tenants who are

party to any Joint Tenancy and any Third Party. Instructions will only be

accepted if they have been signed by the Lead Tenant or the Lead Tenant

has entered their Repayment ID .

c. The Lead Tenant will be responsible for providing repayment information

for each Tenant and the Third Party and a valid forwarding address/email

address for each Tenant and the Third Party to enable The DPS to provide

repayment confi rmation notices to each Tenant and the Third Party. The

Lead Tenant will be required to provide their signature on repayment

forms on behalf of all of the Joint Tenants.

d. It is the responsibility of the Landlord completing the Deposit Submission

Form to ensure that the responsibilities of the Lead Tenant are fully

understood by all Tenants, and any Third Party, and that the Lead Tenant

is nominated by all of the Joint Tenants and any Third Party.

e. The Landlord will be required to confi rm on the Deposit Submission Form

that they have explained to all Tenants, and any Third Party, the role and

responsibility of the Lead Tenant.

f. Changes to Joint Tenancy information is the responsibility of the Landlord.

9. Deposit Submission

a. The Landlord or Letting Agent is responsible for ensuring that Deposits are

submitted for protection within 14 calendar days of the date of receipt by

the Landlord.

b. Deposit information can be submitted by completing an online or paper

Deposit Submission Form.

c. The Landlord or Letting Agent is responsible for ensuring that the information

contained on the Deposit Submission Form is full and correct.

d. The following information is a mandatory requirement on all Deposit

Submission Forms:

i. Landlord ID;

ii. Landlord name / Letting Agent name / trading title;

iii. house number / name and fi rst line of address of Tenancy property;

iv. town / city of Tenancy property;

v. tenancy property type e.g. house;

vi. whether the Tenancy property is furnished / unfurnished;

vii. start date of Tenancy;

viii. Tenancy duration (months);

ix. date Deposit received by the Landlord;

x. Deposit amount;

xi. full name and title of Tenant / Lead Tenant / Third Party;

xii. in the case of Joint Tenants, the full name and title of all Tenants that

are party to the Joint Tenancy.

xiii. a mobile phone number or email address for the Sole / Lead Tenant.

(online submissions).

e. Incomplete, illegible or unrecognisable Deposit Submission Forms will be

rejected and payments returned to the sending Landlord within 4 Business

Days of receipt.

f. In the event that cheques are returned unpaid, The DPS will levy a fee of

£25.89 which must be paid by the Landlord. Until this fee is paid, The DPS

will not accept a Deposit from the Landlord.

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10. Online Deposit Submission Forms

a. Deposit Submission Forms may be completed using The DPS online service

at www.depositprotection.com.

b. Landlords using the online service will not be able to submit a

Deposit Submission Form unless all the mandatory information is

provided.

c. Cheques, Bank Transfers or Debit Cards can be used as payment for

online transactions.

d. Debit card transactions will be processed online and confi rmation that a

successful card transaction has taken place will be provided to Landlords

in real time. Where payments are made online, Deposit Submission Forms

will be processed within 1 Business Day of receipt by The DPS.

e. Cheques sent in support of Deposit Submission Forms completed

online must be accompanied by a printed copy of the completed

Deposit Submission Form that will be generated by the online service

when the Landlord selects the option to pay by cheque. The cheque

for the full amount of the Deposit must be securely attached to the

printed Deposit Submission Form.

f. The printed Deposit Submission Form and cheque should be sent to

the address set out in Section 4(c).

g. All cheques must be made payable to The Deposit Protection Service,

be dated in the past within 3 months of the date of processing, signed

by an authorised signatory of the account, drawn on a UK bank and in

pounds Sterling. Words and fi gures must match and be equal to the

full amount of the Deposit as stated on the Deposit Submission Form.

The reverse of the cheque should be marked with the Landlord’s

ID, their registered address and the Deposit ID generated when the

online Deposit Submission Form was completed and appearing on

the completed online Deposit Submission Form.

h. Should the cheque not meet any of the criteria above The DPS reserves

the right to reject the Deposit Submission Form and return the cheque and

the Deposit Submission Form to the Landlord within 4 Business Days of

receipt, identifying the reason for rejection.

i. For all Deposit Submission Forms that are successfully processed, cheques

will be banked within 1 Business Day of receipt. The DPS will issue a

confi rmation of receipt of the Deposit after 5 Calendar Days of the Deposit

Submission Form being processed and, where applicable, of the cheque for

the Deposit clearing. Confi rmations will not be delivered to Landlords or

Tenants until the Deposit Submission Form is processed.

11. Paper Deposit Submission Forms

a. All paper Deposit Submission Forms should be sent to the address set out

in Section 4(c).

b. A cheque for the full amount of the Deposit must be securely attached to

the Deposit Submission Form. Only cheques will be accepted as payment

for paper Deposit Submission Forms.

c. All cheques must be made payable to The Deposit Protection Service, be dated

in the past within 3 months of the date of processing, signed by an authorised

signatory of the account, drawn on a UK bank and in pounds Sterling. Words

and fi gures must match and be equal to the full amount of the Deposit as

stated on the Deposit Submission Form. The reverse of the cheque should be

marked with the Landlord’s ID and their registered address.

d. Deposit Submission Forms will be processed within 4 Business Days of

receipt by The DPS.

e. Paper Deposit Submission Forms will be rejected and the Deposit returned

in the event that they are not properly and fully completed.

f. Should the cheque not meet any of the criteria above The DPS reserves

the right to reject the Deposit Submission Form and return the cheque and

the Deposit Submission Form to the Landlord within 4 Business Days of

receipt, identifying the reason for rejection.

g. Cheques will be banked within 1 Business Day of receipt. The DPS will

issue a confi rmation of receipt of the Deposit after 5 Business Days of the

cheque for the Deposit clearing and the Deposit Submission Form being

processed. Confi rmations will not be delivered to Landlords or Tenants

until the Deposit Submission Form has been processed.

12. Bank Transfers

a. Bank Transfer payments can be used for online deposit submissions. The

DPS’s 6 digit sort code and each user’s unique 8 digit account number can

be found on the online account under “Bank Transfers”. It is the Landlord’s

sole responsibility to ensure that the correct amount is paid to The DPS via

bank transfer.

b. Payments received may be allocated to Deposits manually or automatically.

Automatic allocation will only occur if the amount deposited exactly

matches a Deposit awaiting payment. If for any reason The DPS are unable

to create a match, then the deposited funds will be credited to your account

for you to allocate manually.

c. If manual allocation is chosen the Landlord must log-on to their DPS

account to manually allocate the deposited funds to relevant Deposit.

Manual allocation is the sole responsibility of the Landlord and must be

done in order to ensure the Deposit is protected.

d. Bank Transfers are non reversible. If you think that an over-payment has

been made, then you must contact The DPS on 0844 4727 000 or by

completing an online Enquiry Form, available through our Virtual Agent or

the Frequently Asked Questions at www.depositprotection.com.

13. What happens after the Deposit has been protected?

a. The DPS will provide confi rmation to:

i. the Landlord sent to their registered address or registered email address;

ii. the Lead Tenant – sent to the Tenancy address, or in the case of a

Deposit being paid more than 14 days in advance of the occupation

date of the Tenancy, an interim address;

iii. where there are Joint Tenants, to the Household at the Tenancy

address or where available the Lead Tenant’s email address.

b. The Landlord will be responsible for providing confi rmation to the Third Party.

c. The confi rmation to each Party will contain:

i. Name, address and contact details of the DPS;

ii. the Deposit ID;

iii. the amount of the Deposit and the date of receipt;

iv. the name and contact details of the Landlord;

v. the name(s) of the Tenant(s) and the Lead Tenant, if applicable

vi. the address of the Tenancy property;

vii. start date of Tenancy;

viii. tenancy duration (months);

ix. a copy of these Terms and Conditions;

x. a Landlord’s Repayment ID or Tenant’s Repayment ID, as applicable.

d. The Repayment ID will be needed to claim repayment of the Deposit at the

end of the Tenancy. It is the responsibility of the Landlord to safeguard

the Landlord’s Repayment ID and not disclose it to any third parties or

to another Party(s). It is the responsibility of the Sole/Lead Tenant to

safeguard the Tenants’ Repayment ID and not disclose it to any third

parties or to another Party.

e. If a Repayment ID has been lost, a Landlord can request a reminder of their

Repayment ID through their online account. Landlords and Lead Tenants

can also request a reminder of their Repayment ID by completing an online

Enquiry Form, available through our Virtual Agent or the Frequently Asked

Questions at www.depositprotection.com or by telephoning 0844 4727 000.

14. The Tenant’s Logon

a. Lead Tenants will be able to logon to the Service at www.depositprotection.com

by inputting their Repayment ID and the Deposit ID.

b. Lead Tenants will be able to view all information held by the Service in

relation to their Tenancy. Lead Tenant’s will be able to amend or update

Tenants’ email addresses and telephone numbers. Lead Tenants will also

be able to start the Deposit repayment process online.

15. Changes in Landlord’s or Tenant(s) Data

a. Lead Tenants will be able to update their own contact details, Tenants’

email addresses and telephone numbers at any time online. It is the Lead

Tenant’s responsibility to ensure that their forwarding address and all

contact details are up-to-date. Landlord’s may change any other data held

in relation to the Landlord or notify The DPS of a Change of Landlord or

request a Change of Tenant. Landlords must ensure that all information

held by The DPS in relation to Tenancies, and Deposits for which they are

responsible are up to date and factually correct.

b. The Lead Tenant is solely responsible for updating their forwarding

address and all contact details with The DPS. This update can be done over

the telephone helpline, via their online log-in, or in writing.

c. Updates, changes and additions to information held by The DPS can only be

made by the Landlord or the Lead Tenant. Changes can be notifi ed:

i. over the telephone helpline

ii. via the online service

iii. in writing

d. Prior to any changes being made via the Contact Centre the Landlord or

Lead Tenant, as applicable, will have to be positively identifi ed.

e. Changes made via the online service will only be possible for registered

Landlords or Lead Tenants logged onto the Service.

f. Changes made in writing must be signed by the Landlord or Lead Tenant

as applicable.

g. Changes to Landlord and Tenant’s data shall include Transfers.

16. Transfers

Change of Landlords

a. Change of Landlords can be initiated online by the Landlord by the

completion of a Change of Landlord Form or through the use of a paper

Change of Landlord Form requested from the Contact Centre. The DPS

will not register a Change of Landlord unless the receiving Landlord is

registered with the Service and holds a valid Landlord ID.

b. In the event of a Change of Landlord The DPS will deliver confi rmations

detailing the changes to:

i. the outgoing Landlord / Letting Agent;

ii. the incoming Landlord / Letting Agent;

iii. Tenant.

Change of Tenants

c. A change of Lead Tenant can only be processed by The DPS. The Landlord

must contact The DPS in writing or by completing an online Enquiry Form,

available through our Virtual Agent or the Frequently Asked Questions at

www.depositprotection.com, providing the details of the old and new Lead

Tenant and giving the reason for the Change of Tenant.

The DPS will not authorise a Tenant Transfer where the identity of the

Tenant has changed. The Joint Deposit Repayment claim or Single Claim

process must be followed to repay the out-going Tenant’s Deposit and a

new Deposit submitted in respect of any new Tenant to the Property.

d. In the event of a Change of Tenant The DPS will provide confi rmations

detailing the changes to:

i. the Landlord / Letting Agent responsible for the property;

ii. the Lead Tenant – in the event that a new Lead Tenant role has been

created as a result of the existing Lead Tenant moving out of the property;

iii. the incoming Tenants;

iv. the outgoing Tenants.

e. The DPS will not repay any part of the Deposit to outgoing Tenants unless a

Joint Repayment Form is completed and submitted. A new Deposit Submission

Form would then have to be submitted to The DPS in respect of the Deposit.

f. It is the responsibility of the Tenants to arrange for any payments to be

made to departing Tenants or Third Parties.

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4

17. Deposit Repayments

a. The DPS will only allow a repayment to be started once the Deposit has

been protected for a minimum period of 28 calendar days. If you wish

to start the Joint Deposit Repayment process before this period of

time, please contact us by completing an online Enquiry Form, available

through our Virtual Agent or the Frequently Asked Questions at

www.depositprotection.com.

b. The DPS will not release any part of the Deposit unless:

i. it has all Parties’ agreement to do so; or

ii. there is a Single Claim which is not disputed; or

iii. there is a Decision from an Adjudicator; or

iv. it is passed a Court Order which refers specifi cally to the Deposit and/or

the scheme administrator and the amount of the Deposit to be paid out.

v. such release is permitted under its Adjudication rules as a result of a

failure by either party to comply with the ADR procedure.

c. The DPS urge all Landlords to meet with Tenants in an attempt to agree the

fair distribution of the Deposit at the end of the Tenancy.

18. Joint Repayment Forms

a. The completion of a Joint Deposit Repayment Form can be initiated by

either the Landlord or the Tenant.

b. Repayments can either be

i. wholly agreed - all Parties agree on who should receive the Deposit at

end of the Tenancy and no disputed amount exists;

ii. partially agreed – the Parties agree on the repayment of part only of

the Deposit and a Dispute exists as regards the balance;

iii. disputed – there is a Dispute as to how the entire Deposit should

be repaid.

c. All repayments must be initiated by the completion and submission

of an online Joint Deposit Repayment Form or a paper Joint Deposit

Repayment Form requested from the Contact Centre or by completing

an online Enquiry form, available through our Virtual Agent or the

Frequently Asked Questions at www.depositprotection.com.

d. The Landlord will be required to:

i. confi rm the amount due to the Landlord;

ii. provide details of the repayment method, bank sort code, account

number and reference if applicable;

iii. provide a valid Landlord’s Repayment ID.

e. The Tenant will be required to:

i. confi rm the amount due to each Tenant and any Third Party;

ii. provide details of the repayment method, bank sort code, account

number and reference if applicable for each Tenant and any Third Party;

iii. provide forwarding address / valid email address (optional) for each

Tenant and any Third Party;

iv. provide a valid Tenant’s Repayment ID.

f. If there is a Dispute the Landlord and Tenant will be able to reconfi rm online

the amounts due to the Landlord and the Tenant. Alternatively, the Landlord

and the Tenant may confi rm on the paper Joint Deposit Repayment Form

the amount which is in Dispute. They will also both be required to confi rm

online or on paper that :

• they each agree that the Dispute be referred to Adjudication in

accordance with these Terms and Conditions; and

• they will be bound by the Decision of the Adjudicator.

g. A failure to provide The DPS with any of the above information will result

in the Joint Deposit Repayment Form being rejected and referred back to

the Landlord for resolution.

h. Repayment of all or part of the Deposit will be made either via direct

BACS transfer to the Landlord’s and/or Tenant(s)’ accounts, sterling

cheque or a combination of the two methods in accordance with the Joint

Deposit Repayment Form. Cheques can be made payable to either The

Landlord/Agent, the named Tenant(s) or a nominated third party, where

authorised. Payment can also be made into overseas bank accounts for a

fee of £25.89.

i. All payments will be released within 10 calendar days of processing a Joint

Repayment Form.

19. Confi rmation of Deposit Repayment

a. The DPS shall provide confi rmation of the amount of the repayment paid to

each Party to:

i. the Landlord; and

ii. all the Tenants.

iii. The DPS will send notifi cation that a deposit has been claimed via

e-mail, SMS or postal communication.

20. Single Claim Process – When Can it be Used?

a. The Single Claim Process is a method of repayment for use if:

i. the Landlord has no current address for the Tenant; or

ii. the Tenant fails to respond to the Landlord’s written notice requiring

that the Landlord be paid some or all of the Deposit within 14 calendar

days of the end of the Tenancy; or

iii. the Tenant has no current address for the Landlord; or

iv. the Landlord fails to respond to the Tenant’s written notice asking

whether the Landlord accepts that the Tenant should be paid some or

all of the Deposit within 14 calendar days of the end of the Tenancy.

b. The following criteria need to have been met before the Single Claim

Process can be used:

i. at least 14 calendar days must have passed since the end of the

Tenancy (i.e. the contractual end of the Tenancy or where notice has

been given and has expired); and

ii. agreement has not been reached between the Landlord and Tenant

about the Deposit repayment; and

iii. one of the relevant conditions set out in (a)(i) to (a)(iv) above have

been met; and

iv. the claiming Party believes they should be repaid some or all of

the Deposit.

c. The amount claimed by the Landlord must be referable to:

i. an amount of unpaid rent or any other sum due under the

terms of the Tenancy; or

ii. a liability of the Tenant to the Landlord arising under or in

connection with the Tenancy in respect of damage to the

premises subject to the Tenancy, or loss of or damage to

property on those premises, other than damage caused by fair

wear and tear.

21. Single Claim Process - Statutory Declaration

a. To use the Single Claim Process, either the Landlord or Tenant who

is claiming part or all of the Deposit (the “Claiming Party”) must

provide The DPS with a Statutory Declaration at least 14 calendar

days after the Tenancy has ended.

b. The Statutory Declaration can be obtained by logging into the

deposit online, completing an online Enquiry Form, available

through our Virtual Agent or the Frequently Asked Questions at

www.depositprotection.com or by telephoning 0844 4727 000.

c. PLEASE NOTE: the Statutory Declaration must be sworn or

affi rmed in the presence of a Solicitor/Commissioner for Oaths/ or

a Magistrate.

d. The Statutory Declaration must contain the following information:

i. the date on which the Tenancy ended;

ii. confi rmation that the Parties have failed to reach agreement

with respect to the repayment of the Deposit, with details of

any communications between them since that date (whether

relating to the Deposit or otherwise);

iii. the basis on which the amount of the Deposit claimed is calculated,

with particulars of any facts relied on to justify claiming that amount;

iv. confi rmation of whether the Statutory Declaration is being made on

the basis that;

1. the Claiming Party has no current address for, or other means

of contacting the other party, whether that be the Landlord or

Tenant (the “Other Party”). If so, details must be given of any

address (other than the Tenancy property) and other contact

details (including telephone numbers or email addresses) which

the Claiming Party has for the Other Party; or

2. the Other Party has failed to respond to the Claiming Party’s written

notice in relation to the distribution of the Deposit. In this case a copy

of the written notice sent to the Other Party must be attached.

v. any information the Claiming Party has as to the whereabouts of the

Other Party;

vi. confi rmation that the Claiming Party gives his consent, in the event

of the Other Party disputing that they should be paid all or part of the

Deposit, for the Dispute to be resolved via Adjudication;

vii. confi rmation that the Claiming Party considers that he is entitled to be

paid all or part of the Deposit as claimed; and

viii. a declaration that the Claiming Party makes the Statutory Declaration

in the knowledge that if he knowingly and wilfully makes a false

declaration he may be liable to prosecution under Section 6 of the

Perjury Act 1911.

22. Single Claim Process – Statutory Declaration Notice and Resolution

a. Once The DPS has received a properly completed Statutory Declaration

which meets the above requirements, it will issue a Statutory Declaration

Notice and a summary of the claim to the Other Party’s registered address

asking the Other Party to indicate within 14 calendar days of receipt:

i. whether the Other Party accepts that the Claiming Party should be

paid the whole of the amount claimed;

ii. whether the Other Party accepts that the Claiming Party should be

paid part of the amount claimed and, if so, how much; and

iii. if the Other Party does not accept that the Claiming Party should

be paid the whole of the amount claimed, whether the Other Party

consents to the Dispute being resolved by an Adjudicator.

The DPS will also, where possible, send notifi cation that a postal Notice has

been issued via email or SMS.

b. Unless the Other Party completes and returns the Statutory Declaration

Notice so that it is received by The DPS within 14 calendar days of issuance,

indicating their responses to a.i - iii above, The DPS will release the full amount

claimed to the Claiming Party within 10 calendar days of processing the claim.

c. If the Other Party completes and returns the Statutory Declaration Notice

so that it is received by The DPS within 14 calendar days of issuance,

confi rming that he accepts that the whole or part of the amount claimed

should be paid to the Claiming Party, such amount will be paid to the

Claiming Party within 10 calendar days of The DPS receiving it.

d. If the Other Party completes and returns the Statutory Declaration Notice

so that it is received by The DPS within 14 calendar days of issuance,

indicating that he does not accept that the Claimant should be paid all or

any of the amount claimed, The DPS will inform the Claiming Party that

their claim has been rejected wholly or in part and shall provide a summary

of the Other Party’s Statutory Declaration Notice.

e. The Claiming Party will have 7 calendar days from the issue of the

summary of the Other Party’s Statutory Declaration Notice to either

accept or disagree with the contents of the Other Party’s Statutory

Declaration Notice and to submit any additional evidence which they

wish to be taken into account. The Other Party will also be given 7 days

notice that the Dispute will be referred to the Adjudicator and given 7

days to submit any fi nal evidence. If no response is received from the

Claiming Party or the Other Party within 7 calendar days, the Dispute will

be referred to the Adjudicator in any event.

f. If the Other Party completes and returns the Statutory Declaration Notice

within 14 calendar days but fails to indicate whether he consents so that it is

received by the Dispute being resolved by an Adjudicator, he will be treated

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5

as having given his consent for the Dispute to be referred to Adjudication.

Both Parties will then be informed that the Dispute has been referred to

Adjudication as detailed in the process defi ned in (e) above.

g. Upon completion of the steps detailed above, The DPS will forward copies

of the

i. the Statutory Declaration;

ii. the Statutory Declaration Notice;

iii. any additional evidence submitted by either Party;

to the Adjudicator (see; Adjudication at section 28 below).

h. Any evidence submitted by either party after the Dispute has been

referred to the Adjudicator will not be considered by the Adjudicator

if a Decision has already been made.

Adjudication – The Alternative Dispute Resolution (ADR) Service

23. Eligibility to use the ADR Procedure

a. The ADR Procedure can only be used if both the Landlord and Tenant

have completed a Joint Deposit Repayment Form notifying The DPS

that there is a Dispute in relation to the repayment of the Deposit and

requesting that the Dispute be referred to Adjudication and confi rming

that Landlord and Tenant will be bound by the Decision of the

Adjudicator or if the Parties have completed the Single Claim Process

detailed in Sections 20 to 22 above.

b. Disputes will only be referred to Adjudication if both the Landlord and

Tenant comply with these Terms and Conditions.

c. Putting a Dispute through the ADR Procedure does not remove the duty of

one party to pay the other any other amounts which are due.

d. Use of the ADR Procedure is free of charge (other than the Parties’

own costs) to the Landlord and Tenant.

e. Each Party must bear their own costs of participating in the ADR

Procedure. The Adjudicator cannot make any award on costs.

f. The Landlord and Tenant are free to settle the Dispute between them on an

agreed basis at any time and at any stage of the ADR Procedure but they

must both then notify The DPS of their agreement to do so (by providing an

instruction signed by both Parties), so that The DPS can return the Deposit

in accordance with that agreement.

g. The Adjudicator can only make a Decision to award up to the value of

the Deposit.

h. If either of the Parties fails to comply with any of the steps detailed in

these Terms and Conditions the Dispute will be rejected and the Deposit

will be dealt with in accordance with these Terms and Conditions.

i. The DPS may determine in its absolute discretion whether a Party has

complied with these Terms and Conditions and is eligible to participate in,

or continue to participate in, the ADR Procedure.

j. The Dispute must not be the subject of an existing or previous court action.

k. Disputes will not be admitted to the ADR Procedure where, in the

reasonable opinion of The DPS:

i. they relate to matters other than the return of the Deposit; and/or

ii. where either Party has indicated their intention to issue legal

proceedings; and/or

iii. the issues involved have already been determined by a Court;

l. The Adjudicator may also reject Disputes which, in their reasonable opinion:

i. are being pursued in an unreasonable manner;

ii. are frivolous;

iii. are vexatious; and/or

iv. seek to raise matters which have already been decided upon or which

were previously decided by a similar dispute process.

m. Evidence submissions can be made only to the Dispute Resolution

Team by post to the address set out in 4(c), or by email to

disputes@depositprotection.com. The Dispute Resolution team operate

Monday to Friday from 09.00 - 17.00. All evidence submissions must be

received before 17.00 on the deadline day. Evidence received after that

time will not be accepted.

24. Initiating the ADR Procedure - The Joint Repayment Form

a. Where a Dispute arises between the Parties which cannot be resolved by

negotiation between them or by The DPS, if the Parties wish to use the

ADR Procedure they must complete the Joint Deposit Repayment Form

and submit it to The DPS.

b. If the Joint Deposit Repayment Form has not been properly completed

(including being signed and dated by both parties) and/or strikes out

any of the mandatory declarations (such as the Landlord’s or Tenant’s

agreement to be bound by the decision of the Adjudicator) then the

referral to Adjudication may be invalid and the Parties will be directed by

The DPS to pursue the Dispute via the Courts. The DPS shall continue in

accordance with section 29 of these Terms and Conditions below, to hold

the Deposit until instructed to do otherwise by a Court Order or instruction

signed by both Parties.

25. Notifi cation of a Dispute to The DPS

a. Upon receipt of a duly completed Joint Deposit Repayment Form notifying

The DPS of a Dispute, The DPS will issue a Landlord’s Evidence Form to

the Landlord. The Landlord’s Evidence Form must be fully and properly

completed and received by The DPS within 14 calendar days of it being

issued. The DPS will also, where possible, send notifi cation that a Landlord’s

Evidence form has been issued, via email or SMS.

b. The Landlord’s Evidence Form includes the following evidence types:

i. a statement of the precise issues which are in Dispute and the reasons

for the amount of any Deposit claimed by the Landlord;

ii. attach the signed check-in inventory and schedule of condition;

iii. attach vacating instructions;

iv. attach the signed check-out inventory and schedule of condition;

v. attach a signed and legally compliant written tenancy agreement

vi. if a Letting Agent is acting, attach a copy of their terms of

business/management;

vii. attach a schedule of the cost of any works sought from the Deposit

together with estimates, invoices and receipts (produced by an

independent or third party) and photographs if available;

viii. attach a statement of the rent account, if relevant;

ix. where housing benefi t has been paid, attach a letter from the Housing

Benefi t Department stating when it will stop, or that it has stopped;

x. attach any other relevant information including photographs, DVDs,

correspondence or receipts. Any photographs or digital evidence

must be signed or a statement should be attached signed by the

Party providing them and showing the date on which they were

taken; and

xi. confi rm that they have contacted the Tenant and provide a copy of

any correspondence between them or details of their discussions.

c. If the Landlord is unable to provide any of the information detailed in

Section 25(b) above, they must explain to The DPS why they are unable to

do so and The DPS will then exercise its discretion as to whether to allow

the Dispute to proceed to Adjudication notwithstanding such failure.

d. Following receipt of the Landlord’s Evidence Form, The DPS may request

additional information or clarifi cation.

e. It is the Landlord’s sole responsibility to provide The DPS with a signed,

valid, written tenancy agreement for the purposes of Adjudication when

requested and in any event before the case is passed to the Adjudicator.

If no copy of the tenancy agreement is received by The DPS, the Dispute

Papers will be passed to the Adjudicator in line with the normal timescale

in any event. Please note that the Landlord’s claim will fail if such a

tenancy agreement is not supplied.

f. If the Landlord fails to complete and return the Landlord’s Evidence

Form so that it is received by The DPS within 14 calendar days of it being

issued, The DPS will pay the Deposit out in accordance with the Tenant’s

instructions contained on the Joint Repayment Form.

26. Notifi cation of a Dispute to the Tenant

a. The DPS will provide the Tenant with a summary of Landlord’s submitted

evidence and a Tenant’s Evidence Form. The Tenant’s Evidence Form must

be fully and properly completed and received by The DPS within 14 calendar

days of it being issued. The DPS will also, where possible, send notifi cation

that a Tenant’s Evidence form has been issued, via email or SMS.

b. The Tenant’s Evidence Form suggests the following evidence types:

i. set out the reasons why the Tenant denies that the Landlord is entitled

to some or all of the Deposit; and

ii. attach any other relevant information including photographs, DVDs,

correspondence or receipts. Any digital evidence must be signed or a

statement should be attached signed by the party providing them and

showing the date on which they were taken.

c. If there is a Lead Tenant they must complete the Tenant’s Evidence Form

on behalf of all Tenants.

d. If the Tenant fails to complete and return the Tenant’s Evidence Form so

that it is received by The DPS within 14 calendar days of it being issued,

The DPS will pay the Deposit out in accordance with the Landlord’s

instructions contained on the Joint Repayment Form.

27. Landlord’s Response

a. The DPS will provide the Landlord with a summary of the Tenant’s Evidence

Form. The Landlord will have 7 calendar days from the issue of the summary

of the Tenant’s Evidence Form to either accept or disagree with the contents

of the Tenant’s Evidence Form and to submit any additional evidence

which they wish to be taken into account. If no response is received from

the Landlord within 7 calendar days, the Dispute will be referred to the

Adjudicator. All additional evidence must be received within this time frame.

28. The Adjudication

a. Upon completion of the steps detailed above, The DPS will forward copies

of the

i. the Landlord’s Evidence Form or Statutory Declaration;

ii. the Tenant’s Evidence Form or Statutory Declaration Notice;

iii. any additional evidence submitted by the Landlord or the Tenant;

to the Adjudicator.

b. Any evidence submitted by either party after the Dispute has been referred

to the Adjudicator will not be considered by the Adjudicator if a Decision

has already been made.

c. The Adjudicator will be fair and unbiased and will make a Decision based

on the evidence contained in the Dispute Papers. Adjudications are made

on the basis of the documentary evidence submitted to The DPS. Please

ensure you submit all of the supporting evidence you feel necessary to

substantiate your case at the time when you are requested to do so. Any

documentation or evidence submitted after the Dispute has been sent to

the Adjudicator may not be considered.

d. The Adjudicator may:

i. make any necessary enquiries - provided the Adjudicator tells the Parties

about those enquiries and allows them to comment on the fi ndings;

ii. receive and take account of any spoken or written evidence the

Adjudicator thinks is relevant;

iii. carry on with the Adjudication even if either Party does not act in

accordance with these Terms and Conditions or any instruction, or if

either Party does not take part in any conference call arranged by

the Adjudicator;

DPS_terms&conditions_Mar2011_V17.0 11PRXJ P05

6

iv. end the Adjudication if it appears that the Dispute cannot be settled under

it, or if the Parties settle their dispute before a Decision is made.

e. The Adjudicator will send copies of any additional information or documents

received from one Party to the other Party.

f. The Adjudicator will make a Decision within 28 calendar days of receipt of

the Dispute Papers. The day of receipt will be the day following the day the

Dispute papers are sent to the Adjudicator.

g. The DPS will notify the Parties in writing of the Decision of the

Adjudicator within 2 Business Days of the Decision. The Decision will be

binding on the Parties.

h. The ADR Decision is binding and cannot be appealed via the ADR Procedure.

i. Any payment to either Party must be made by The DPS within 10 calendar

days of the date of the Decision.

j. The DPS will make payment in accordance with the Adjudicator’s Decision

to include Interest by cheque or electronic transfer in accordance with the

details recorded for the relevant Parties in its records.

29. Court Orders

a. If you obtain a Court Order against your Landlord or Tenant The DPS will only

release the Deposit if the Court Order specifi cally refers to the Deposit and/

or the scheme administrator holding the Deposit and includes a direction as

to how much of the Deposit is to be paid to the successful claimant.

b. If the Court Order does not include a reference to the Deposit, or to the

scheme administrator, The DPS will be unable to release the Deposit until

either the Order is amended or a Third Party Debt Order is obtained.

30. Liability

a. The DPS will take reasonable care in operating the Service, and will be

responsible to you for any losses or expenses suffered or incurred by you

as a direct result of its negligence, wilful default or fraud save that the

DPS’s liability in relation to any claim shall in no circumstances whatsoever

exceed the total amount of the Deposit to which the claim relates. The DPS

does not accept liability for any indirect or consequential loss suffered by

a Party or for any loss, which does not arise as a result of its negligence,

wilful default or fraud.

b. In the event that you do not comply with these Terms and Conditions and this

results in loss or damage to The DPS, you shall be liable to compensate The

DPS for any such loss or damage.

c. Any limitation or exclusion of liability under these Terms and Conditions shall

only operate to the extent permitted by law.

d. The online Service will usually be available for use 24 hours a day, 7 days

per week and 365 days per year subject to scheduled down time that will be

advertised on the site to users prior to any down time being implemented.

However, the Service may be temporarily unavailable for a number of

reasons, including routine and emergency maintenance, excess demand

for the Service, failure of the internet and other circumstances beyond the

control of The DPS.

e. The Service is provided via a web-site with a secure server using 128-bit

encryption. As long as you remain on the Service web-site you will have the

benefi t of this security. However, you should note that email communications

are not necessarily secure and there is always a risk that email messages may

be intercepted or tampered with. By registering for and using this Service,

you acknowledge that these risks exist and that confi dentiality cannot always

be assured.

f. Except where The DPS has been negligent, The DPS does not accept

any responsibility for any interception, redirection, corruption, copying,

reading, tampering or loss of confi dentiality which may take place either

once an email message has been sent by The DPS or prior to an email

message being received by The DPS or for any losses, claims, damages or

expenses which may be suffered or incurred by you as a result of any such

interception, redirection, corruption, copying, reading, tampering or loss

of confi dentiality.

g. The DPS takes reasonable care to ensure that electronic communications

generated by it are free of viruses or other corruption of data. Before opening

or using any documents or attachments, you must check them for viruses

and defects. The DPS’s liability in this respect is limited to re-supplying any

affected documents or attachments.

h. You are responsible for ensuring all electronic communications sent by you

to The DPS are free from viruses or defects. If a communication from you is

found to contain a virus, The DPS shall not be obliged to receive or act upon

such communication.

i. You must contact us immediately if you suspect that your password, Landlord

ID, Tenant ID or Repayment ID has been lost, disclosed to, or obtained by,

a third party and that its integrity is threatened. Until such notifi cation

is received by us, The DPS will assume that any instructions received in

electronic form, on the telephone or in writing which have been authenticated

by your Landlord ID or Tenant ID and your Repayment ID are genuine and are

valid instructions from you and The DPS will act accordingly. You will be liable

for all such transactions.

j. Once submitted, a Deposit Repayment Form or online deposit response

containing your Repayment ID is a binding instruction to make payment; you

are not entitled to cancel, amend or revoke such an instruction.

k. The DPS shall not be responsible for delays or failure to perform any of its

obligations due to acts beyond its control. Such acts shall include, but not be

limited to, acts of God, strikes, lockout, riots, acts of war, epidemics, governmental

regulations superimposed after the fact, communication or line failures, power

failure, earthquakes or other disasters.

l. The DPS shall not have any liability to you for any non-availability or interruption

in the operation of the Service (wholly or part of) or for any failure or delay of a

communication. It is your responsibility to ensure that any communications are

sent in suffi cient time to be received within any deadlines.

m. If you are sending an e-mail to The DPS, please ensure your e-mail does not

exceed 20mb. Any e-mails received larger than 20mb may not be received.

n. Any information supplied on our website, by our Virtual Agent or within our

FAQs is for guidance only. Independent advice should be sought regarding

the interpretation of any applicable legislation.

31. Costs

a. Save for a fee of £25.89 if a cheque provided to us bounces, and a

fee of £25.89 for the processing of a payment to an overseas bank

account, all aspects of the Service are free to use including the ADR

Procedure and Adjudication. The DPS is funded entirely from the

interest earned on Deposits held.

32. Complaints

a. The DPS aims to provide a fi rst class standard to all Parties and

to do everything we can to ensure that you are satisfi ed. There

are procedures in place to help resolve all complaints effectively, a

copy of which can be provided on request.

b. If you ever feel that we have fallen short of this standard and that

you have cause for complaint, please contact us either:

by writing to: The Deposit Protection Service, The Pavilions,

Bridgwater Road, Bristol, BS99 6AA

OR

by email at: complaints@depositprotection.com

c. The DPS will treat all complaints seriously and investigate the

matter fully.

33. Confi dentiality

a. The Parties, The DPS and the Adjudicator must not give specifi c

details of the Adjudication or the Decision (including the reasons

for it) to any person not involved in the Adjudication save as

required by law.

b. Despite Section 34(a), when the Parties agree to have their Dispute

settled under the ADR Procedure, they give The DPS and the Adjudicator

permission to gather, keep and publish statistics and other information on

their Dispute as long as they cannot be identifi ed.

34. Data Protection Notice/ Privacy Policy

a. The DPS’s Data Protection Notice/ Privacy Policy can be viewed by visiting

www.depositprotection.com or by calling 0844 4727 000 to request a copy.

35. General

a. Unless otherwise detailed in the Terms and Conditions, all Forms will be

processed within 4 Business Days of receipt.

b. Unless otherwise detailed in the Terms and Conditions, all time limits will

be calculated, as applicable:

i. excluding the day of receipt of Forms or documents by The DPS; and

ii. from the day that Forms or documents are issued by The DPS

regardless of the date when they are received or seen by the Parties.

c. Unless correspondence relates to ADR, Single Claim Process, or the

repayment of the Deposit, all communications will be sent via 2nd

class post.

d. If you are in any doubt as to whether an instruction has been received or

carried out you should telephone The DPS immediately using the helpline

0844 4727 000;

e. The DPS may determine in its absolute discretion whether a Party has

complied with these Terms and Conditions.

f. The DPS reserve the right to delay taking action on any particular

instruction if it considers that it needs to obtain further information or

to comply with any legal or regulatory requirement binding on The DPS

(including obtaining evidence of identity to comply with money laundering

regulations) or to investigate any concerns it may have about the validity

or any other matter relating to the instruction.

g. The DPS will not do, or refrain from doing, anything which would, or might

in its judgment, break any relevant laws, rules, regulations or codes or risk

exposing The DPS to criticism for behaving improperly or not acting in

accordance with good market practice.

h. The DPS will not tolerate abusive or offensive behaviour towards staff

members. We will not respond to any email or communication which we

deem to be abusive or offensive. Any abusive or offensive behaviour

towards our Customer Service Representatives will result in the call being

terminated immediately.

i. All Deposits will be held in a designated bank account which The DPS

maintains for Parties using the Service.

j. The DPS may from time to time change these Terms and Conditions. All

Forms will be processed and all Disputes dealt with in accordance with the

Terms and Conditions in force at the time the relevant Forms are received

by The DPS. The DPS Terms and Conditions can be viewed online at

www.depositprotection.com or a paper copy is available on written request.

k. If one, or part of the terms of these Terms and Conditions proves to be

legally unsound or unenforceable in any way, this will not affect the validity

of the remaining terms and conditions in any way.

l. If The DPS relax any of the terms of these Terms and Conditions once, this

may be just on a temporary basis or as a special case; it will not affect its

right to enforce that term strictly again at any time.

36. Governing Law

These Terms and Conditions are governed by and shall be construed in

accordance with the laws of England and Wales. In the event of a dispute the

English courts shall have jurisdiction.

DPS_terms&conditions_Mar2011_V17.0 11THNB P25

REVISIONS OF THE TERMS AND CONDITIONS OF SERVICE

March 2011

1. Defi nitions

(Defi nition added)

Virtual Agent means an interactive program that serves as an online customer service advisor.

(Defi nition removed)

Interest means the interest which will be paid by The DPS on all Deposits held by it at the rate equivalent to the base

rate of the Bank of England less 2.32 per cent (in accordance with Statutory Instrument 2007 No. 798, The Housing

(Tenancy Deposits) (Specifi ed Interest Rate) Order 2007);

Section 3d

Any agreed amount of the Deposit including any Interest accrued will be paid out by The DPS in accordance with

the Joint Deposit Repayment Form within 10 calendar days of receipt of the correctly completed Joint Deposit

Repayment form.

Amended to read

Any agreed amount of the Deposit will be paid out by The DPS in accordance with the Joint Deposit Repayment Form

within 10 calendar days of receipt of the correctly completed Joint Deposit Repayment form.

Section 4a(ii)

Parties may communicate with The DPS by completing an online Enquiry Form, available through the Frequently

Asked Questions at www.depositprotection.com or if a Dispute is being dealt with under the ADR Procedure by

emailing disputes@depositprotection.com.

Amended to read

Parties may communicate with The DPS by completing an online Enquiry Form available through our Virtual Agent

or the Frequently Asked Questions at www.depositprotection.com or, if a Dispute is being dealt with under the ADR

Procedure, by emailing disputes@depositprotection.com.

Section 12d

(Paragraph removed)

Interest will not accrue on unallocated balances.

Section 12e

Bank Transfers are non reversible. If you think that an over-payment has been made, then you must contact The DPS

on 0844 4727 000 or by completing an online Enquiry Form, available through the Frequently Asked Questions at

www.depositprotection.com.

Amended to read

Bank Transfers are non reversible. If you think that an over-payment has been made, then you must contact The DPS

on 0844 4727 000 or by completing an online Enquiry Form, available through our Virtual Agent or the Frequently

Asked Questions at www.depositprotection.com.

Section 13e

If a Repayment ID has been lost, a Landlord can request a reminder of their Repayment ID through their online

account. Landlords and Lead Tenants can also request a reminder of their Repayment ID by completing an online

Enquiry Form, available through the Frequently Asked Questions at

www.depositprotection.com or by telephoning 0844 4727 000.

Amended to read

If a Repayment ID has been lost, a Landlord can request a reminder of their Repayment ID through their online

account. Landlords and Lead Tenants can also request a reminder of their Repayment ID by completing an online

Enquiry Form, available through our Virtual Agent or the Frequently Asked Questions at www.depositprotection.com

or by telephoning 0844 4727 000.

DPS_terms&conditions_Mar2011_V17.0 11THNB P25

Section 16c

Change of Lead Tenants can only be processed by The DPS. The Landlord must contact The DPS in writing or by

completing an online Enquiry Form, available through the Frequently Asked Questions at www.depositprotection.com,

providing the details and giving the reason for the Change of Tenant. The DPS will not authorise a Tenant Transfer

where the identity of the Tenant has changed. The Joint Deposit Repayment claim or Single Claim must be followed to

repay the out-going Tenant’s Deposit and a new Deposit submitted in respect of any new Tenant to the Property.

Amended to read

A change of Lead Tenant can only be processed by The DPS. The Landlord must contact The DPS in writing or by

completing an online Enquiry Form, available through our Virtual Agent or the Frequently Asked Questions at

www.depositprotection.com, providing the details of the old and new Lead Tenant and giving the reason for the

Change of Tenant.

The DPS will not authorise a Tenant Transfer where the identity of the Tenant has changed. The Joint Deposit

Repayment claim or Single Claim process must be followed to repay the out-going Tenant’s Deposit and a new

Deposit submitted in respect of any new Tenant to the Property.

Section 16f

It is the responsibility of the Tenant(s) to fi nancially recompense one another outside of the scope of the Service for

repayment of any share of the Deposit that may become due to a departing Joint Tenant or to a Third Party. This

includes the recompense of interest earned to date.

Amended to read

It is the responsibility of the Tenants to arrange for any payments to be made to departing Tenants or Third Parties.

Section 17a

(New Paragraph)

The DPS will only allow a repayment to be started once the Deposit has been protected for a minimum period of 28

calendar days. If you wish to start the Joint Deposit Repayment process before this period of time, please contact

us by completing an online Enquiry Form, available through our Virtual Agent or the Frequently Asked Questions at

www.depositprotection.com.

Section 18c

All repayments must be initiated by the completion and submission of an online Joint Deposit Repayment Form or a

paper Joint Deposit Repayment Form requested from the Contact Centre or by completing an online Enquiry form,

available through the frequently Asked Questions at www.depositprotection.com.

Amended to read

All repayments must be initiated by the completion and submission of an online Joint Deposit Repayment Form or a

paper Joint Deposit Repayment Form requested from the Contact Centre or by completing an online Enquiry form,

available through our Virtual Agent or the frequently Asked Questions at

www.depositprotection.com.

Section 18d(iii)

(Paragraph removed)

confi rm whether Interest is required;

Section 18e(iii)

(Paragraph removed)

confi rm whether Interest is required for each Tenant and any Third Party;

Section 18i

(Paragraph removed)

Interest will be paid to all Parties that have elected to receive Interest on the Deposit or partial Deposit. Where a

Deposit is paid to one or more of the Landlord, Letting Agent ,Tenant and Third Party they will each receive a pro rata

amount of Interest.

DPS_terms&conditions_Mar2011_V17.0 11THNB P25

Section 18k

(Paragraph removed)

Interest will be paid for the period commencing 10 calendar days following receipt of the Deposit up to close of

business the day before the repayment is successfully processed.

Section 21b

The Statutory Declaration can be obtained by logging into the deposit online, completing an online Enquiry Form,

available through the Frequently Asked Questions at www.depositprotection.com or by telephoning 0844 4727 000.

Amended to read

The Statutory Declaration can be obtained by logging into the deposit online, completing an online Enquiry Form,

available through our Virtual Agent or the Frequently Asked Questions at www.depositprotection.com or by

telephoning 0844 4727 000.

Section 22b

Unless the Other Party completes and returns the Statutory Declaration Notice within 14 calendar days, indicating

their responses to a.i - iii above, The DPS will release the full amount claimed to the Claiming Party within 10 calendar

days of processing the claim.

Amended to read

Unless the Other Party completes and returns the Statutory Declaration Notice so that it is received by The DPS

within 14 calendar days of issuance, indicating their responses to a.i - iii above, The DPS will release the full amount

claimed to the Claiming Party within 10 calendar days of processing the claim.

Section 22c

If the Other Party completes and returns the Statutory Declaration Notice so that it is received by The DPS within 14

calendar days of issuance, confi rming that he accepts that the whole or part of the amount claimed should be paid to

the Claiming Party, such amount will be paid to the Claiming Party within 10 calendar days of The DPS receiving it.

Amended to read

If the Other Party completes and returns the Statutory Declaration Notice so that it is received by The DPS within

14 calendar days confi rming that he accepts that the whole or part of the amount claimed should be paid to the

Claiming Party, such amount will be paid to the Claiming Party within 10 calendar days of The DPS receiving it.

Section 22d

If the Other Party completes and returns the Statutory Declaration Notice within 14 calendar days indicating that he

does not accept that the Claimant should be paid all or any of the amount claimed, The DPS will inform the Claiming

Party that their claim has been rejected wholly or in part and shall provide a summary of the Other Party’s Statutory

Declaration Notice.

Amended to read

If the Other Party completes and returns the Statutory Declaration Notice so that it is received by The DPS within

14 calendar days of issuance, indicating that he does not accept that the Claimant should be paid all or any of the

amount claimed, The DPS will inform the Claiming Party that their claim has been rejected wholly or in part and shall

provide a summary of the Other Party’s Statutory Declaration Notice.

Section 25f

If the Landlord fails to complete and return the Landlord’s Evidence Form to The DPS within 14 calendar days of it

being issued, The DPS will pay the Deposit out in accordance with the Tenant’s instructions contained on the Joint

Repayment Form.

Amended to read

If the Landlord fails to complete and return the Landlord’s Evidence Form so that it is received by The DPS within

14 calendar days of it being issued, The DPS will pay the Deposit out in accordance with the Tenant’s instructions

contained on the Joint Repayment Form.

DPS_terms&conditions_Mar2011_V17.0 11THNB P25

Section 26d

If the Tenant fails to complete and return the Tenant’s Evidence Form to The DPS within 14 calendar days of it being

issued, The DPS will pay the Deposit out in accordance with the Landlord’s instructions contained on the Joint

Repayment Form.

Amended to read

If the Tenant fails to complete and return the Tenant’s Evidence Form so that it is received by The DPS within 14

calendar days of it being issued, The DPS will pay the Deposit out in accordance with the Landlord’s instructions

contained on the Joint Repayment Form.

Section 30n

Any information supplied on our website or within our FAQs is for guidance only. Independent advice should be

sought regarding the interpretation of any applicable legislation.

Amended to read

Any information supplied on our website, by our Virtual Agent or within our FAQs is for guidance only. Independent

advice should be sought regarding the interpretation of any applicable legislation.

Section 35h

(New Paragraph)

The DPS will not tolerate abusive or offensive behaviour towards staff members. We will not respond to any email

or communication which we deem to be abusive or offensive. Any abusive or offensive behaviour towards our

Customer Service representatives will result in the call being terminated immediately.

Ends.;



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