Landlords
who use the 'insured' option to
protect tenancy deposits will have to pay up to £95
for the privilege.
This
became clear when Tenancy Deposit Solutions - the version
of tenancy deposit protection
backed by the National
Landlords Association - at last announced its fees
structure.
From
6 April all landlords who take deposits under assured
shorthold tenancy agreements will be
required by law
to participate in one of only three authorised schemes
- two 'insured' schemes
and one 'custodial' scheme.
Within 14 days of taking deposits, landlords will be
required to inform tenants of the protection scheme selected,
where it can be contacted and how to apply for release
of the deposit. If there is a dispute at the end of the
tenancy about the amount to be returned, landlords using
insured schemes will be required to hand over the disputed
amount to the scheme until the dispute is resolved.
Tenancy
Deposit Solutions is to charge private landlords a
one off joining fee, payable in
advance or at the point
of protecting the first deposit, of £58.75 - although
NLA members will pay £47. On top of this there
will be a fee of £30 per deposit (£26 to
NLA members) and an annual renewal fee of £14.70.
There will be no limit to the number of deposits that
an individual scheme member can protect and, says the
scheme, all fees (which include VAT) will be tax deductible.
Tenancy
Deposit Solutions said any landlord ordinarily resident
in the UK is eligible to join its
scheme. In
the event of a dispute at end of a tenancy the aggrieved
tenant will be asked to submit a complaint form and supporting
evidence to the scheme administrator. The scheme will
try to resolve the dispute, 'if necessary, by offering
an independent, impartial and evidence-based alternative
dispute resolution service (as required by the Government
as an alternative to the courts)'. Both parties
to the dispute will have to agree to be bound by the
dispute resolution findings.
'As
we prepare ourselves for implementation of tenancy
deposit protection on 6 April, the announcement
of fees is an important milestone', said NLA chairman
David Salusbury, who is also chairman of TDS. 'We
believe landlords will find the tariff attractive. Our
insurance based scheme will enable them to continue to
hold deposits as at present, which gives a landlord a
form of security against any damage that may occur during
a tenancy. Many landlords feel that this stability contributes
to the long term success of their business. Transferring
funds into a custodial scheme could be a cumbersome alternative,
particularly for a landlord with a substantial property
portfolio'.
The second insured scheme is the Tenancy Deposit Scheme
primarily designed for letting agents, although the scheme
will also accept private landlords.
Agents
will pay an annual subscription of between £521
and £1,609 – depending on their level of
accreditation and regulation, with unregulated and accredited
agents paying the most.
Private
landlords who are members of trade associations will
be able to use the scheme for
a charge of £44
plus VAT per annum for each property. The annual subscription
for each property for unaffiliated landlords will be £95
plus VAT.
'Our
price structure has to be all about risk management,
particularly the cost of dispute resolution.
In many instances, we have absolutely no track record
to work from, so these prices will have to remain in
place until that can be established', explained
TDS chief executive Lawrence Greenberg.
The
custodial option is being run by the Deposit Protection
Service. In this version deposits
are handed over to
the scheme for safe keeping. Although there is no charge,
there is a loss of interest - which at current
rates will be of the order of £35 a year on an
average £700 deposit.
The
idea is that the costs of the scheme are covered by
the interest it earns on money it holds - about £17.50
per six month deposit - which, given the level
of charges from the insured schemes - must raise
some questions about whether this approach can be sustained
long terms.
The scheme websites are at: http://www.mydeposits.co.uk,
www.depositprotection.com, and www.tds.gb.com.
• A Government publicity campaign has begun today explaining
how Tenancy Deposit Protection will benefit private
tenants and landlords in ethnic minorities. The campaign
- which includes two leaflets, one directed at tenants
and one at landlords and agents, as well as radio and
press advertising - will be translated into Bengali,
Urdu, Polish, Chinese, Turkish, Welsh, Punjabi, and
Gujarati. Curiously the campaign seems to be directed
more at tenants than landlords.
Tenants from ethnic minority communities are more likely
to be in private rented accommodation, and in the case
of recently arrived immigrants are less likely to be
aware of their rights or have problems with the language
barrier, said the Government. In 2003/4, 34 per cent
of tenants from ethnic minority communities didn't have
their deposits returned either in full or at all, it
claimed.
'Many
people have lost their deposits due to various reasons.
We often hear stories of landlords and agents
taking advantage of tenants and refusing to refund deposits.
Sometimes tenants are not aware of their rights so we
are highlighting the schemes to help prevent this from
happening', said Housing Minister Baroness Andrews.
'At
the same time the scheme also provides landlords with
a secure way of ensuring deposits are safeguarded
by encouraging clear inventories and agreements prior
to the payment of the deposit and a free arbitration
service to deal with any disputes'.
Further information is available from the Government
website http://www.direct.gov.uk/tenancydeposit.
• Shelter
has produced 'a special red envelope' to
help tenants protect their deposit money. The envelope
sets out landlords' obligations under the new law and
includes a receipt to prove the deposit was paid.
'Shelter
helps thousands of people each year with deposit problems
and has campaigned for many years to
get tenancy deposit protection introduced', said
its chief executive Adam Sampson. 'This money represents
a sizeable chunk of cash for many tenants and losing
it unfairly not only leaves thousands of people out of
pocket, but can lead to homelessness. The tenancy deposit
protection schemes provide a vital safety net for both
tenants and responsible landlords, making the private
rental sector more professional and fairer for everyone'.