As initially detailed in the Housing Act 2004, The Tenancy Deposit Scheme will apply to all deposits received on or after 6th April 2007 relating to Assured Shorthold Tenancies. What is Tenancy Deposit Protection? Tenancy Deposit Protection (TDP) means that landlords who collect deposits, or agents who do so on the landlords behalf, must join a statutory scheme to ensure tenants get their deposit, or part of it back, if they have kept a property in good condition. Disputes over how much should be returned will be mediated by an independent dispute solving service. Included in Thornbury’s Management Service Prepare a detailed inventory and schedule of condition that must be signed and agreed by the tenant at the beginning of the tenancy. Make regular inspections of the property to avoid future claims by the tenant that the property was allowed to deteriorate and to spot necessary repairs that a tenant may fail to report. Check the inventory and schedule of condition at the end of the tenancy so that any reasonable claim can be fully documented. Thornbury’s skilled office staff will cost and negotiate claims within the very tight deadlines that are imposed. Disputes can often be settled by a competent property manager by negotiation and discussion provided that both landlord and tenant take reasonable view of matters, admit to causing damage where appropriate and granting allowance for fair wear and tear. If negotiations do not succeed a dispute will be settled by an independent dispute solving service.  Our experience shows that many landlords who up to now have acted for themselves are now appointing good established letting agents to manage their properties. Thornbury Property Management is the longest established letting agent in Selly Oak providing good quality accommodation for students.  Under the Tenancy Deposit Scheme landlords who continue to act for themselves may no longer hold deposits and must pay them into one of the government backed schemes. Failure to have the deposit protected means :- A) Currently, a landlord can obtain an order for possession of an AST at any point after six months of the tenancy providing any fixed term has expired and the landlord gives the tenant at least two months written notice (Under Section 21 of the Housing Act 1988). This is know as ‘notice – only’ However, under the Tenancy Deposit Scheme, the landlord is unable to regain possession of the property using the usual ‘notice only grounds’ if the deposit has not been safeguarded and the prescribed information passed onto the tenant within 14 days of the landlord receiving it.  B) Tenants can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him about the scheme in which the deposits are safeguarded. Where the court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the making of the order to repay the deposit, or order the landlord to pay the deposit to the custodial scheme administrator. The court must also order the landlord to pay to the tenant a fine of three times the deposit amount within 14 days of the making of the order.