The Law applies to Assured Shorthold Tenancies (ASTs) (including renewal contracts), created on or after 6th April 2007 in England and Wales. Scotland has a different Law regarding deposits. If the tenancy started on or after 6 April 2007 the Tenant’s deposit must be protected in one of the government-approved schemes within 30 days of the deposits being paid by the Tenant(s). There are 2 types of schemes:
- Insurance-based schemes are where the Landlord holds onto the deposit and pays a fee to the scheme. The fee ensures that the deposit is always returned to the tenant (minus any legitimate deductions).
- In custodial schemes, the Landlord hands the deposit over to the scheme. Interest earned on the deposit is used to fund the scheme.
- Order the landlord to repay the deposit within 14 days of the issuing of the court order, or
- Order the landlord to pay the deposit into the designated account held by the custodial scheme administrator.
From the 1st of October 2008, all rental properties with a new tenancy in England and Wales will be required to have an Energy Performance Certificate (EPC). A landlord will need to provide an EPC, which will be valid for ten years, to prospective tenants the first time you let or re-let your property after the 1st October 2008. However you will not need to provide an EPC certificate to tenants that renew their contracts as it is not necessary to supply an EPC to an existing tenant.
Following the suspension of HIPs by the Coalition government the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 introduce a number of new requirements relating to the requirement of an EPC including: a new duty on the seller to secure that an energy performance certificate (EPC) has been commissioned before marketing of the property commences.