Who can use The MyDeposits scheme?

Only landlords and letting agents approved by the scheme can use it. There is strict criteria that landlords and agents must abide by to use this scheme.

What's the Cost of the Scheme?

Landlords and agents pay to register the deposit on your behalf and for the tenants themselves its free to access your account information.

How is the Deposit Protected?

The deposit is held by the landlord or agent who took your deposit. It is secured via an insurance scheme, such that in the event the keeper of your deposit failing to return it you can make a claim through the scheme.

How is the Deposit Registered?

Registration is done by landlords and agents and your landlord/letting agent must register the deposit with MyDeposits within 14 days of receiving it and provide the tenancy details and your contact details.

Can I access my deposit details online?

When your deposit is registered you are allocated a unique deposit ID number and you can access the site using this code. If you have not received this information request it. You should also receive a Deposit Protection Certificate for you to sign. You can check your account here ..

How do I request payment of my deposit?

The Landlord/Agent will conduct an "check-out inspection" to confirm that all is well with the property and then refund the deposit in full unless they can show good reason to withhold all or part of it. Assuming that you and the Landlord/Agent agree on how much of the deposit you should get back, you should receive it from the Landlord/Agent within 10 days of reaching an agreement or within 10 days of formally requesting the return of your deposit from your Landlord/Agent.

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

If you are not satisfied with their explanation for withholding all or part of your deposit, you can ask mydeposits for advice and assistance on how to resolve the issue in the first instance. If this fails to resolve the matter, mydeposits offers a free and impartial Dispute Resolution Service to Tenant and Landlords/Agents. To initiate this process, the Tenant should request a Dispute Notification Claim Form from the mydeposits Customer Service Centre or submit a dispute via the mydeposits online dispute resolution service.

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

You should receive it from the Landlord/Agent within 10 days of reaching an agreement or within 10 days of formally requesting the return of your deposit from your Landlord/Agent.

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

Extract from the Mydeposits Scheme Rules. For a full downloadable version please go HERE (PDF)

Scheme Rules

Fifth edition

(Effective from 6 April 2011)

Section A: Membership

A1 Membership Acceptance Criteria

A Landlord (either private or company) can complete a paper Application Form, apply online or telephone the call

centre. The Landlord must agree to be bound by the terms of the Scheme Rules as a contract of Membership.

An Agent must complete a paper Application Form and sign it to confirm agreement to the contract of Membership.

We carry out a Risk Assessment on prospective Agent Members. The Application Form includes guidance on Agent

Membership procedures.

The contract of Membership includes conditions and undertakings by the Member. The conditions are continuing

obligations to which Members are contractually bound. The Member must tell us about any relevant changes.We rely

on the accuracy of the information given to us.

A1.1 The Member, as Landlord must:-

A1.1.1 Own Residential Property let on an AST in England & Wales;

A1.1.2 Be Domiciled in the UK and provide his full name and an address for service;

A1.1.3 Remain accountable for Protected Deposits in accordance with these Scheme Rules.

A1.2 The Member, as Company Landlord must:-

A1.2.1 Own the Residential Property and be named on the AST as Landlord;

A1.2.2 Be registered in the UK and provide the full registered company name and an address for service;

A1.2.3 Remain accountable for Protected Deposits in accordance with these Scheme Rules.

A1.3 The Member, as Agent must:-

A1.3.1 Let and/or manage Residential Property in England and Wales with the authority of Landlord

Client(s);

A1.3.2 Hold Deposits on behalf of Landlord Client(s) and ensure that such Deposits never form part of the

Agent’s own money or assets;

A1.3.3 Hold Deposits in a Client Money Account and agree to provide evidence of the Client Money

Account, its correct use and access for inspection by us and our legal and financial representatives;

NB: Agent Members can only Protect Deposits which they hold. If any Deposit is held by a Landlord Client then the Landlord

Client must become a Member of the Scheme in his own right to Protect the Deposit.

A1.3.4 With regards to the registration of a Landlord Client, the Agent Member must:

A1.3.4.1 Complete the Landlord Client Registration Form (either online or by paper

downloadable from the Scheme website) to register Landlord Clients with us;

A1.3.4.2 Give the Landlord Client a copy of the Scheme Rules;

A1.3.4.3 Tell the Landlord Client that he is ultimately responsible for the Deposit and that he

has obligations to the Tenant regarding the Deposit paid under the terms of the AST

(even if the Agent acts fraudulently or becomes bankrupt).

A1.3.5 With regard to the registration of Landlord Clients, the Agent Member must NOT:

A1.3.5.1 Use the Agent Member’s own address as a contact address for the Landlord Client

registered with us;

Scheme Rules 4

Scheme Rules 5

A1.3.5.2 Register Landlord Clients with us who are based overseas, unless we give prior express

written permission;

A1.3.5.3 Attempt to register a Landlord Client who would not be accepted by us if the Landlord

sought to obtain Membership in his own right.

NB: If a Member has doubts about this, the Member should check with us first and provide full disclosure.

A1.4 All Members must:-

A1.4.1 Join the scheme in their own right and not join on behalf of another person or company.

A1.4.2 Not have been refused Membership of, or been excluded from, this or any other tenancy deposit

protection scheme whether insurance based or custodial in the name(s) or in any other name as

principal, agent, joint applicant or nominee;

A1.4.3 Not have been convicted of any criminal offence or have any criminal prosecutions pending;

NB: At our discretion we will consider less significant criminal convictions or those which occurred several years ago. Minor

motoring convictions will be disregarded.We will NOT consider any application where financial offences have occurred.

A1.4.4 Agree the Membership terms and conditions under these Scheme Rules which extend to all

individuals, traders, companies, or officers of any company (including Limited Liability Partnerships)

or partners in a partnership, employees and agents, in regard to each Membership contract;

A1.4.5 If being a company or trading entity requiring registration and compliance, observe all Regulatory

Requirements;

A1.4.6 Always provide a landline telephone contact number, working email address (if applicable), a

residential address for Landlord Members and a trading address for Company Landlord Members

and Agent Members, for the service of documents to such an address in the United Kingdom or the

Channel Islands;

A1.4.7 Respond to Scheme communication when requested to do so;

A1.4.8 Warrant the following:-

A1.4.8.1 If being an individual that the Member is of full age and not a patient under the Mental

Health Act and not subject to any bankruptcy, receivership or insolvency order; or

A1.4.8.2 If being a company that the company is free of any petition to wind up, liquidation,

receivership or insolvency orders.

A1.5 We will normally accept Landlords who are Domiciled in the UK but are temporarily living abroad as

Members, providing the Landlord provides us with all information we reasonably request and can be

contactable at all times in accordance with these Scheme Rules.

NB: See clause B2.1.8

A2 Payment of Membership Fees

A2.1 The Member agrees to pay all Membership Fees before commencement of the first or at subsequent

Membership periods. Membership of the Scheme will only commence or be renewed when we have received

payment of Membership Fees.

A2.2 Failure to pay under A2.1 is most likely to result in cancellation of Membership (see Section B).

A2.3 Payment of Membership Fees must be made in accordance with the Application or Renewal Forms .

A2.4 Cash will not be accepted for payment of Membership Fees.

A2.5 We reserve the right to decline Membership or fees at our discretion.

A3 Changes to Membership and/or Membership Data

A3.1 Membership is not transferable. If an Agent Member or Company Landlord changes its legal entity then the

Member must inform us and obtain a new Membership using the correct company information.

NB: Please note clause C1.9 – Deposit Protection is not transferrable so the Member must re-Protect its Protected Deposits

using the new Membership.

A3.2 The Member must tell us immediately in writing of any changes in:

A3.2.1 Membership information;

A3.2.2 Circumstances in respect of Membership criteria (as detailed in A1).

A3.2.3 Non-disclosure or misrepresentations by a Member may result in Membership cancellation.We

may cancel or change the terms and conditions of Membership based on the information given.

A4 Membership Renewal

A4.1 If a Member has current Protected Deposits at the end of any Membership period, then the Member will be

required to renew Membership for the current Deposits to remain Protected and to Protect new Deposits.

A4.2 If Membership with the Scheme is not renewed, either voluntarily by the Member or because we are not

prepared to offer new Membership terms following an application for renewal by the Member then clause B4

will apply.

A4.3 The Agent Membership renewal process may change from time to time. The Agent Member agrees to provide

any information requested as part of the renewal process at the time of renewal.

Scheme Rules 6

Scheme Rules 7

Section B: Audit, Breach of Contract and Cancellation of

Membership

B1 Member Audits

We may undertake an audit of a Member at any time during Membership to confirm the Member’s compliance with the

Scheme Rules. The audit can include a personal visit to the Member’s address by my|deposits employees.

B2 Breach of Contract and Cancellation of Membership by my|deposits

B2.1 We may serve a 14 Day written notice to cancel Membership following:

B2.1.1 Non-payment of fees or sums due;

B2.1.2 Failure to lodge the Disputed Deposit Amount when required;

B2.1.3 An Agent Member’s failure to maintain a Client Money Account and/or to produce on request an

itemised client money account statement for a minimum of the previous 30 days.

B2.1.4 Persistent breach of C1.1.1 (subject to C1.1.2)

B2.1.5 The Member being subject to a Court Order or Judgement, a petition to wind up or the

appointment of a liquidator, receiver, administrator, administrative receiver, manager, trustee in

bankruptcy or similar officer or if the Member ceases to carry on business under the Member’s

registered name;

NB: We may consider evidence of discharge of debts and satisfaction of claims however the Member must submit clear and

explicit evidence.

B2.1.6 The Member becomes or is declared bankrupt, insolvent, or convenes a meeting of or makes or

proposes to make any arrangement with creditors or the Member’s Residential Property is

repossessed;

B2.1.7 Any statement made or information given is fraudulent or incorrect;

B2.1.8 Any other breach of the Scheme Rules or a Member’s failure to respond to a Scheme request which

we deem to be of sufficient seriousness to warrant Membership cancellation.

B2.2 Within the 14 Days of the date of the notice in B2.1, the Member must:

B2.2.1 Make good the breach described in B2.1; or

B2.2.2 Give us acceptable written reasons why the Membership should not be cancelled.

NB: During this 14 Day notice period the Member will not be able to Protect or Un-Protect any Deposits.

B2.3 At the end of the 14 Day period stated in the notice of cancellation we will write to the Member giving our

decision as to whether the Membership has been cancelled or not.

B2.4 We may cancel an Agent’s Membership immediately if the Agent Member no longer trades. The conditions in

B4 then apply.

NB: Our decision on cancellation of Membership under B2.3 and B2.4 is final. There is no right of appeal against our decision.

B3 Cancellation of Membership by the Member

B3.1 A Member may cancel Membership at any time by providing us with 14 Days prior written notice.

The Member must provide evidence that all Protected Deposits have been alternatively Protected

under the Act.

B3.2 Following receipt of a notice under B3.1 we will write to the Member’s Tenant(s) and the Landlord

Client(s) of Agent Members advising them that the Membership has been cancelled.

B3.3 If there are any outstanding or on-going Deposit Disputes at the time of cancellation, or if any new

Deposit Disputes are raised within the three month period stated in B4, the Member agrees to

comply with our instructions. The instructions may be made by us or the Adjudicator.

B3.4 The Member will not be entitled to any refund of Membership Fees or Deposit Protection Fees

following Cancellation of Membership in B3.1.

B3.5 Notwithstanding the notice under B3.1 Protected Deposits will remain Protected in accordance

with B4.1.

B4 Protection of Deposits following Membership Cancellation

B4.1 Following the Membership cancellation in either B2.3, B2.4 or B3.1 we will give written notices to the

Member’s Tenant or Lead Tenant in a Joint Tenancy Agreement and the Landlord Client(s) in the case of an

Agent Member, informing them that all Deposits will cease to be Protected after three months from the date

of the notice under B2.3, B2.4 or B3.1, or from the date the Deposit(s) is/are Protected in another scheme,

whichever is sooner.

B4.2 The Scheme’s ADR only remains available to the Tenant and Member during the three month period in B4.1 if

the Actual End Date Of Tenancy is within the three month period.

Scheme Rules 8

Scheme Rules 9

Section C: Deposit Protection

C1 Deposit Protection Conditions (the ‘initial requirements’ of the Scheme)

C1.1 The following will apply when a Member requests to Protect a Deposit with us.

C1.1.1 The full Deposit stated in the AST must be Protected by the Member within 14 Days of receipt

from the Tenant.

C1.1.2 We may allow a Member to Protect a Deposit after 14 Days have elapsed following receipt in

C1.1.1 if the Member provides us with a satisfactory explanation. A late Protection penalty fee may

also be payable.

NB: The DPC states the date the Member received the Deposit and the date the Protection commenced. A Tenant may issue

Court proceedings against a Member for late Protection.We will not be responsible for any loss the Member suffers as a

result of such Court proceedings.

C1.1.3 We will not Protect a Deposit after 14 Days have elapsed from receipt by the Member in the

following circumstances:

C1.1.3.1 The Member is already aware that there will be or is likely to be a Deposit Dispute with

the Tenant(s);

C1.1.3.2 The Tenant(s) has initiated Court proceedings for non-Protection of the Deposit;

C1.1.3.3 The Member is only Protecting to obtain a Section 8 or 21 Order (under the Housing

Act) against the Tenant;

C1.1.3.4 The Tenant has already left the Residential Property.

NB: If we subsequently discover that a Member has Protected a Deposit and one of the circumstances in C1.1.3 has occurred

then we will invalidate the Protection immediately and we may also cancel Membership.

C1.2 When Protecting a Deposit the Member must provide us with all of the information that we request, including

the following:

C1.2.1 The Member’s details

C1.2.2 The address of the Residential Property

C1.2.3 The total annual rent for the AST,

C1.2.4 The full amount of the Deposit,

C1.2.5 The date the Deposit was received from the Tenant

C1.2.6 The start and end dates of the fixed term AST

C1.2.7 The full name, an alternative address and contact telephone number for the (Lead) Tenant;

C1.2.8 The name and address of any Interested Party

C1.3 A Deposit Protection Fee is payable for each Deposit we Protect. Where a Deposit is Protected online, the

Member must download a copy of the DPC and ‘Information for Tenants’ leaflet from his Online Account.

Where the Deposit is Protected by post or by telephone, we will send a copy of the DPC (and ‘Information for

Tenants’ leaflet) by post to the Member. We do not accept any responsibility for postal delays.

NB: Failure to pay any Protection fee will invalidate the DPC and any Deposit Dispute will not be accepted even if the Tenant

has received the DPC and the Prescribed Information.We will invoke Clause B2.1.

C1.4 The Member must provide a copy of the DPC [signed by him] to the Tenant along with a copy of the

“Information for Tenants” leaflet. The Tenant should sign the DPC to confirm the details are correct.

NB1:We strongly recommend Agent Members to provide a copy of the DPC to all Landlord Clients. The Landlord Client will

be named in the AST agreement and he is ultimately responsible for Protecting the Deposit and providing the Prescribed

Information to the Tenant even if he instructs an Agent.

NB2:The Scheme is not responsible for providing the Prescribed Information to the Tenant. Please see the reverse side of the

DPC included as Appendix 5 to these Scheme Rules where we explain which areas of the Prescribed Information are covered

by Scheme documentation and,most importantly,which information the Member must provide to the Tenant.

C1.5 Any change to the names of the Tenant(s) on the DPC can only be accepted if the change involves a change

of marital status or surname and by providing acceptable supporting documentary evidence of the change.

If the Member makes an administrative mistake when Protecting a Deposit the Member may request changes

to the Deposit Protection if they inform us in writing (can be by email) of the changes required and provide a

copy of the AST to show that the changes are necessary. We may charge an administration fee in respect of

any such changes.

C1.6 A new Protection is NOT required if the original contractual term of the AST continues as a Statutory

Periodic Tenancy.

C1.7 A new Protection is required when a NEW contractual fixed term AST agreement is granted by a Member,

even if it is issued to the same Tenant(s) with the same Deposit.We will not continue to Protect a Deposit

when the contractual, fixed term AST agreement is extended by a transfer, assignment, memorandum,

agreement, letter or any other device. If the contractual term of the AST is extended in any way then a new

Protection MUST be purchased and the previous Deposit Protection must be Un-Protected.

NB. If at the end of the AST agreement any of the terms change or you renew with the same Tenant(s) on a new AST then you

must un-protect the Deposit and then re-protect the Deposit with the new AST details, pay a new Protection Fee and issue

the new DPC to your Tenant(s). If you are re-Protecting the same Deposit and you have not agreed any deductions with your

Tenant(s) we suggested you enter the date you received the deposit as the date the new AST was signed.

C1.8 Any change to the amount of the Protected Deposit will require the original Deposit to be Un-Protected and a

new Protection to be purchased.

C1.9 Deposit Protections are not transferable or assignable in anyway. Protections are granted in respect of each

Deposit [see C2 for joint tenancies].

C2 Deposit Protection for Joint Tenancy Agreements

C2.1 When a Deposit relating to a Joint Tenancy Agreement is being Protected, the Member must, in addition to

the requirements of C1.2, inform us which Tenant is to be the named as the Lead Tenant. The Member must

ensure that the Lead Tenant is authorised by all the Joint Tenants to accept service of all documents on behalf

of all the Joint Tenants. The Member must obtain the consent of all the Joint Tenants before nominating the

Lead Tenant.

NB: To assist the Member the Scheme has produced a ‘Joint Tenancy Information Form’which can be downloaded from the

Member’s area of the Scheme website.We recommend that the Member should adopt this form for the following reasons:

• To provide evidence that the Member has received the consent of the Joint Tenants to the nomination of the

Lead Tenant.

• To obtain alternative addresses for each of the Joint Tenants for use as part of the Prescribed Information

requirements.

• To register new Joint Tenants and when Joint Tenants leave or are replaced during the fixed term of the AST.

The relevant information can be updated on the form. Please remember to update us on any changes as

required by C2.2.4.

• If necessary, at the Actual End Date of Tenancy, this form can be updated by the Member with a new

alternative address for any of the Joint Tenants.

Scheme Rules 10

Scheme Rules 11

• The information on this form can be provided to the Scheme as part of a Member’s Rebuttal Evidence to a

Deposit Dispute.

C2.2 The Member must also:-

C2.2.1 Correctly register the full names of all the Joint Tenants to be included on the DPC;

C2.2.2 Provide a signed copy of the DPC, and the “Information for Tenants” leaflet to the Lead Tenant.

The Lead Tenant should sign the DPC to confirm the details are correct;

C2.2.3 Tell the Lead Tenant how to obtain a copy of the latest Scheme Rules and Scheme documents;

C2.2.4 Notify us if any Joint Tenants leave or are replaced during the fixed term of the AST so that the

DPC can be amended.We require proof of each change in the form of a signed ‘deed of assignment’

and we reserve the right to charge an administration fee for changing our records and issuing a

revised DPC. A new Protection MUST be purchased if Joint Tenants leave or are added after the

expiry of the fixed term of the AST.

NB: If a Deposit Dispute is raised by a Tenant who is not named on the DPC but is named on the AST then the Member will be

in breach of this Scheme Rule. Membership may be cancelled upon breach of this Scheme Rule. If we are not aware of the

Tenant who raises a Deposit Dispute then we will not consider the deposit to have been Protected.We will inform the Tenant

that the Member has not protected the Deposit properly and the Tenant may be entitled to issue Court proceedings.We will

not be responsible for any loss the Member suffers as a result of such Court proceedings.

C2.2.5 Un-Protect the Deposit in accordance with C4.

C3 Member sells, transfers or no longer owns Residential Property to which a Deposit

Protection relates before the Actual End Date of Tenancy

C3.1 The Member must inform us and explain what has happened to the AST and the Deposit (and provide

evidence if requested).

C3.2 A Member cannot un-Protect a Protected Deposit before the Actual End Date of Tenancy unless the Member

provides proof that the Deposit has been returned to the Tenant(s) or re-Protected with us or another

government authorised tenancy deposit protection scheme by the new property owner.

C3.3 We will hold the Member responsible for providing a Disputed Deposit Amount to us if a Tenant raises a

Deposit Dispute and we have not been informed by the Member that ownership of the Residential Property

has changed and the Member has passed the Deposit back to the Tenant or new property owner.

C4 Deposit Protection at the Actual End Date of Tenancy (Un-Protection)

C4.1 At the Actual End Date of Tenancy the Member must:

C4.1.1 Return all, or part of the Deposit following agreement as to the amount to be returned or the

Tenant(s) requesting the return of the Deposit.

NB: The Member may retain the whole Deposit if this is agreed with the Tenant. In each case if payment is due then this must

be made within 10 Days of the Member receiving notice of the agreement or the date of the request.

C4.1.2 Obtain an alternative address for the Tenant, or in the case of a Joint Tenancy Agreement, new

alternative addresses for all of the Joint Tenants where necessary.We must be notified of any

changes to the alternative address of a Tenant. The Tenant’s alternative address can be updated by

the Member at Un-Protection via their online account.

C4.1.3 Un-protect the Deposit with us so that we can write to the Tenant(s) at the alternative address(es)

and explain that the Deposit has been Un-Protected and that the Tenant(s) have three months to

raise a Deposit Dispute from the date they left the property.

NB1: A ‘Scheme Member’s Request to Un-Protect a Deposit Form’ (Un-Protection Form) can be downloaded from the

Scheme website.We recommend that the Member obtains the Tenant’s signature on this form to confirm that the Tenant

agrees to the Un-Protection and keeps the form on file.

NB2:We also recommend that Agent Members contact each Landlord Client prior to Un-Protection. There is space on the

Un-Protection Form for the Landlord Client to sign confirming they understand that the Deposit is being Un-Protected.

NB3: If the Member Un-Protects the Deposit online we recommend that the Member should still complete an Un-Protection

Form for the Member’s own records. This form can be used as evidence to show that there is agreement to the Un-Protection

and any deduction to the Deposit if a Deposit Dispute is raised.

C4.2 The Member must make all reasonable efforts to contact the Tenant at the Actual End Date of Tenancy and

should keep evidence of their efforts. If the Member cannot contact the Tenant after they have left the

property he MUST still Un-Protect the Deposit.

C4.3 If an Agent Member cannot contact the Tenant or has not agreed the division of the Deposit with the Tenant

then the Agent Member should wait 95 days from the Actual End Date of Tenancy before returning the

Deposit money to the Landlord Client.

NB1:The Tenant has three months to raise a Deposit Dispute. The Agent Member remains liable to provide us with the

Disputed Deposit Amount. If a Tenant submits a Deposit Dispute just before the three month deadline then it may take a

couple of days before we are able to notify the Member of the Deposit Dispute.

NB2: Members should be aware that the Tenant has the statutory limitation period of six years from the Actual End Date of

Tenancy to issue a claim in the courts for the Deposit. All records relating to the tenancy should be kept for this period. Agent

Members should inform their Landlord Clients of this.

Scheme Rules 12

Scheme Rules 13

Section D: Disputes between Member and Tenant over the

return of the Deposit

The Member should take responsibility to negotiate the amount of the deposit to be returned to the Tenant at the end

of the tenancy.

The Act requires the Scheme to provide ADR and actively encourages its use as a method of Deposit Dispute resolution if

both the Member and the Tenant agree. The adjudication is evidence based; it is not mediation, arbitration or counselling

and the parties will not be required to meet with the Adjudicator.

Both parties must submit their evidence to us in accordance with the Scheme Rules and supporting Scheme

documentation.We engage Adjudicators to analyse the evidence submitted (within our timescales) and to make a

binding decision as to how the Deposit should be distributed.

Whilst there is no obligation to use ADR, it is available to Members and their Tenants at no additional cost and is

designed to allow easy and quicker access to a resolution of the Deposit Dispute.

Sections D and E refer to ‘Day’ and ‘Working Day’. [See the definitions section]

D1 Raising a Deposit Dispute

D1.1 Joint Tenants:

If the Deposit Dispute relates to a Joint Tenancy Agreement then only one Tenant, who must be named on the

DPC, may raise the Deposit Dispute. This Tenant does not need to be the Lead Tenant.

NB: The Tenant who raises the Deposit Dispute will be required to satisfy the following conditions and confirm in writing

that:-

[a] he will personally conduct all aspects of the Deposit Dispute pursuant to [b] to [e] inclusive.

[b] he has authority to act for all the Joint Tenants;

[c] he agrees to fairly distribute the money which is returned to him to the other Joint Tenants;

[d] he agrees to indemnify the Scheme against any claims or loss by the other Joint Tenants; and

[e] he will notify all the Joint Tenants that we cannot resolve any disputes between the Joint Tenants.

D1.2 General conditions for all Protected Deposits:

A Tenant has three months from the date they left the property to raise a Deposit Dispute. The Tenant must

wait for 10 Days to elapse after formally requesting the return of the Deposit before raising a Deposit

Dispute.

D1.2.1 At our discretion we may allow a Deposit Dispute to be raised and handled on behalf of a Tenant

by an Interested Party or an ‘authorised representative’ if such a party or representative signs our

’Assumption of Liability form’ agreeing to adhere to these Scheme Rules. The Tenant and/or the

Interested Party or authorised representative must inform us in writing and provide reasons and

evidence which may, but not exclusively, include:

• Tenant’s difficulty with language or understanding of the issues;

• Tenant’s disability or sickness;

• Tenant’s absence from the UK.

D1.2.2 Our decision to accept or acknowledge a third party to take responsibility for the Deposit Dispute

is final and we will require submission of identification or other evidence and documentation

including any ‘enduring power of attorney’, ‘lasting power of attorney’ or other agency agreement.

If we accept the Interested Party or ‘authorised representative’ then the Scheme Rules will be

interpreted so that the definition ‘Tenant’ will extend to the Interested Party or authorised

representative.

D1.2.3 If a solicitor or any other representative is instructed then his costs must be paid by the instructing

party. The Adjudicator will not make any award for costs. The solicitor will not be able to recover

the costs from the Scheme or the Member/Tenant.

D1.2.4 We may decide and determine the Actual End Date of Tenancy from the evidence submitted by

both parties should we accept a Deposit Dispute.

D1.2.5 We may accept a Deposit Dispute at our discretion in any circumstance if a Tenant provides us

with compelling evidence as to why the Deposit Dispute is being raised.

D1.3 If the Tenant agrees to ADR to resolve the Deposit Dispute our notification to the Member will include a

Dispute Acknowledgement Form and instructions as to how to access the Tenant's DNCF and supporting

evidence. We will only send the Member a 'hard copy' of the Tenant's evidence on specific request.

D1.4 If the Tenant does not agree to ADR then the Deposit Dispute must be settled through the Courts. The

Member will be notified of the Deposit Dispute and must lodge the Disputed Deposit Amount with us (see

clause D4.2). We may ask the Tenant why he wishes to proceed to Court rather than ADR.We cannot compel

a Tenant to use ADR.

NB: Courts often indicate that Deposit Disputes should be resolved through ADR. If we receive notification that the Court

makes such an indication then we may ask consent from both parties again and allow sufficient time for evidence to be

supplied in support of the Deposit Dispute.

D2 Lodging the Disputed Deposit Amount with us

D2.1 Upon receipt of notification that there is a Deposit Dispute the Member must, within 10 Working Days, lodge

the Dispute Acknowledgement Form, together with the Disputed Deposit Amount and inform us whether he

agrees to ADR to settle the Deposit Dispute.

D2.2 If the Member does not wish the Deposit Dispute to be settled by ADR, he must still return the Deposit

Acknowledgment Form and lodge the Disputed Deposit Amount with us within 10 Working Days.We will

inform the Tenant of the decision to resolve the matter through the Court.We may require the Member to

inform us of why they wish to use Court rather than ADR.

NB:Whilst we cannot compel the Member to use ADR, if he does not consent to use ADR the onus is on the Member to

initiate Court proceedings. If the Court states that ADR is to be considered we may ask the parties to reconsider settling the

Deposit Dispute using the Scheme’s ADR.

D2.3 If during the 10 Working Day period [see D2.1] the parties agree to the division of the whole or part of the

Disputed Deposit Amount, then the Member must submit evidence to us of the Tenant’s written acceptance.

We will contact the Tenant at the address provided by the Tenant when raising a Deposit Dispute.

D2.4 The Dispute Acknowledgement Form explains how the Member can pay the Disputed Deposit Amount to us.

D3 The Member’s failure to Lodge the Dispute Acknowledgement Form and/or the

Disputed Deposit Amount with us

D3.1 Upon such failure the Member will be treated as though he has given consent for the Deposit Dispute to be

heard by ADR and Default ADR will commence in accordance with E3.

NB: This is in accordance with Schedule 10 section 212. 6A (3) of the Act.

D3.2 We may invoke B2.1.2 if within 10 Working Days of requesting the Disputed Deposit Amount we do not

receive it.We or our insurers may take Court action to recover any subsequent loss to the Scheme from the

Member and/or the Agent Member’s Landlord Client.

NB: This is in accordance with Chapter 4 section 212. (9)(a) of the Act. The Landlord is always ultimately responsible for the

Deposit even if he instructs an Agent.

D4 Terms under which we hold the Disputed Deposit Amount

D4.1 We will hold all Disputed Deposit Amounts in our Designated Account.

D4.2 Each Disputed Deposit Amount will be held by us until the Deposit Dispute is resolved. This will be by

Adjudication, a Court Order or a signed agreement between Member and the Tenant. Subject to D4.2.2 we

will send the Disputed Deposit Amount to the Tenant or Member, in accordance with the signed agreement or

the ADR/Court Order no later than 10 Days of receipt of the agreement, ADR decision or Court Order.

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Scheme Rules 15

D4.2.1 If the Deposit Dispute has been referred to Court we will hold the Disputed Deposit Amount until

we receive a Court Order from either the Member or the Tenant instructing us to release the

Disputed Deposit Amount in accordance with the Court Order;

D4.2.2 We may also retain the Disputed Deposit Amount after receipt of a Court Order for a time to allow

any appeal or leave to appeal, out of time;

D4.2.3 A Deposit Dispute must have been raised with us before we pay any sum to either party on

production of a Court Order.

D4.2.4 On receipt of a Court Order we will only pay a maximum of the Disputed Deposit Amount we hold.

If the Court Order is for more than the amount held by us then the party awarded the extra sum

will have to recover the extra sum themselves.

D4.2.5 The Disputed Deposit Amount held by us cannot be used to pay a party’s costs as awarded by a

Court unless the amount held by us covers the fees and the party who has been ordered to pay

costs agrees for us to use the amount we hold to cover the costs award against them.

D4.3 We are entitled to retain any interest earned in holding the Disputed Deposit Amount in accordance with

Schedule 10 section 212 (7) (2) of the Act

Section E: Alternative Dispute Resolution

E1 Eligibility for Alternative Dispute Resolution [ADR]

E1.1 Both the parties (Member and Tenant) to the Deposit Dispute are given the opportunity to agree to use the

Scheme’s ADR to settle the Deposit Dispute.

E1.2 ADR does not override the necessity for either party to pay sums which do not form part of the Deposit

Dispute due to the other. ADR will not resolve any dispute in excess of the amount of the Protected Deposit.

E1.3 At no time will we pay a sum in excess of the Protected Deposit amount as stated on the DPC.

E1.4 Each party pays his/her own costs and expenses in the ADR. The Adjudicator cannot make any award of costs.

E1.5 Members and Tenants are free to settle the Deposit Dispute before the Adjudicator makes a decision. We will

not make payment from the Disputed Deposit Amount until both parties have independently notified us of

their agreement by way of a written and signed instruction.We may independently check the authenticity of

the signed agreement.

E1.6 Deposit Disputes will not be admitted to ADR where:

E1.6.1 It relates to matters other than the return of the Protected Deposit; or

E1.6.2 A party has already commenced Court proceedings, unless they have been withdrawn or are stayed

for mediation purposes (see D1.4 and D2.2); or

E1.6.3 The Deposit Dispute has already been the subject of previous litigation and/or resolved by a Court.

E2 Notification of a Deposit Dispute to the Member when the Tenant agrees to ADR

E2.1 Once we receive and approve a submitted DNCF (either through the post or completed online), we will send

a notification to the Member which will include a Dispute Acknowledgement Form and instructions as to how

to access the Tenant's DNCF and supporting evidence. If the Tenant raises a Deposit Dispute but wishes the

matter to be resolved through the Court then we will send the Member a Dispute Acknowledgement Form.

The Member must comply with E2.2.3 and send us the Disputed Deposit Amount within 10 Working Days of

receipt of notification of the Deposit Dispute.

E2.2 The Member must within 10 Working Days of receipt of documents in E2.1:

E2.2.1 Return the Dispute Acknowledgement Form to us;

E2.2.2 State whether or not he agrees to ADR;

E2.2.3 Send us the Disputed Deposit Amount using one of the methods stated on the Dispute

Acknowledgement Form;

E2.2.4 Send us a copy of the AST as evidence that the Deposit Dispute details match the DPC.

E2.3 The Member may accept the Tenant’s evidence and agree that the Disputed Deposit Amount should be

returned to the Tenant. The Member must then provide us with written confirmation that the Disputed

Deposit Amount has been paid to the Tenant rather than paying it to us. This is to prevent our insurers from

also paying the Tenant in accordance with E3.We will ask for confirmation of payment from the Tenant using

the alternative address we have on record.

E2.4 If the Member wishes the matter to be resolved through the Courts then he MUST inform us within 10

Working Days of receipt of notification of a Deposit Dispute. The Dispute Acknowledgement Form must be

returned and the Member must still lodge the Disputed Deposit Amount with us.

E2.5 If we do not receive the Disputed Deposit Amount from the Member when we request it, we or our insurers,

may recover any subsequent loss to the Scheme from the Member and/or an Agent Member’s Landlord Client

by Court action. The Landlord is always ultimately responsible for the Deposit even if he instructs an Agent.

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Scheme Rules 17

E3 Default ADR

E3.1 If a Member fails to comply with Clause E2.2 we shall:

E3.1.1 Treat the lack of response as an indication that the Member does not accept that the Tenant

should be repaid any of the Disputed Deposit Amount; and

E3.1.2 Proceed as though the Member had given consent for the Deposit Dispute to be resolved through

ADR; and

E3.1.3 Inform the Member and the Tenant that ADR is to proceed.

E3.2 If within the 10 Working Days of receipt of the documents in E2.1, the Member informs us that he does not

accept that the Tenant should be repaid the Disputed Deposit Amount, but the Member fails to indicate in

writing whether he/she consents to ADR, we shall proceed to ADR and inform the Member and the Tenant.

E3.3 The Adjudicator will make a decision based on the evidence submitted.

NB: The provisions of E3.1 – E3.3 are in accordance with schedule 10 section 212. 6A (3) and (4) of the Act.

E3.4 We will send out the Disputed Deposit Amount in accordance with the decision within 10 days of receipt of

the decision.

E3.5 If our insurers have provided the Disputed Deposit Amount in accordance with E3.4 then they will attempt to

recover the money from the Member (or the Landlord Client in the case of an Agent Member) through the

Courts.

E4 Rebuttal Evidence (Member’s response to the DNCF)

E4.1 The Member must submit the Dispute Rebuttal Form and Rebuttal Evidence within 20 Working

Days of the date of our notification to the Member of a Deposit Dispute being accepted.

E4.2 The Adjudicator may reject evidence on any ground, including it being submitted late, his concerns as to the

authenticity of the evidence, if the evidence cannot be viewed or transcribed, or if the protection is void.

E4.3 The Member must keep copies of all evidence submitted to us (see E4.7).

E4.4 When required we may request that original documents are provided by the Member. In such instances, we

will cover the cost of returning the items to the Member (by first class Royal Mail post) but not the cost of

the Member sending documents to us.

E4.5 The Member is responsible for the quality and authenticity of the evidence and must provide evidence that

can be easily transcribed if in the form of a recording (electronic or otherwise).

E4.6 The Member must submit a copy of the AST agreement.

E4.7 The Member must on submission of any physical evidence, notify us if they want the evidence returned.We

reserve the right only to return original documentation to the Member upon their written request, and upon

prior payment of postage by the Member. If we do not receive notification that the evidence should be

returned then we reserve the right to shred or dispose of the evidence on completion of the Adjudication.

E5 The Adjudication

E5.1 Upon completion of the steps detailed in E1 to E4, we will forward the following Dispute Papers to the

Adjudicator:

E5.1.1 The DNCF and Tenant’s evidence;

E5.1.2 The Member’s agreement to ADR, Dispute Rebuttal Form and Rebuttal Evidence;

E5.1.3 Any other information we believe is relevant to the Deposit Dispute that has been communicated

to us by either party or a third party.

E5.2 The Adjudicator has 28 Days to make a decision from the date he receives the Dispute Papers from us subject

to clauses E5.3 and E5.4.

E5.3 The Adjudicator may reject a Deposit Dispute if the Adjudicator believes that it is being pursued in a

vexatious, frivolous or unreasonable manner.

NB: A decision made by the Adjudicator under this clause will be made impartially.

E5.4 The Adjudicator may:

E5.4.1 Ask for more evidence and will set a deadline by which such evidence must be presented;

E5.4.2 Proceed to make a decision even if either party has not acted in accordance with the Scheme

Rules.

E5.5 On receipt of the Adjudication decision we will:

E5.5.1 Inform the parties and provide a copy of the decision;

E5.5.2 Make payment to the parties in accordance with the decision and clause D4.2.

E5.6 The Adjudicator’s decision is final (see G4).

E6 Confidentiality and liability

E6.1 All aspects of ADR are confidential unless we are ordered to disclose by a Court, or in so far as the

enforcement procedure is concerned.

E6.2 Notwithstanding E6.1 we and/or the Adjudicator may be required to provide information to the Communities

and Local Government Department and other Government Departments based on the results of the

adjudications.

E6.3 We will take reasonable care in the selection of the Adjudicator.We do not accept any responsibility for any

losses or expenses suffered or incurred by a Member as a result of any acts or omissions by the Adjudicator.

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Scheme Rules 19

Section F: Miscellaneous Rules and Provisions

F1 The terms of the Scheme, Scheme Rules and ADR may need to be updated from time to time. Notices of any

changes will be posted on our website, in newsletters and, where possible by direct mail.

F2 The Member agrees to abide by the latest version of the Scheme Rules notwithstanding any earlier version of

the Scheme Rules which were in force when a Protection was purchased.

F3 We may delay action if we have any concerns about a Member’s compliance with the Scheme Rules, identity,

fraud or money laundering.

F4 We cannot be held responsible for intervening events beyond our control which prevent, delay or impede our

ability to operate the Scheme or these Rules.

NB: This includes (not exclusively) events such as fire, flooding, strike or terrorism.

F5 These Scheme Rules are governed by and shall be construed in accordance with the Act, and the laws of

England and Wales.

F6 Our previous ADR decisions may not be relied upon as precedent or authority for deciding any following

Deposit Dispute. Each Deposit Dispute is heard on its own individual merits and supporting evidence

submitted by both parties.

F7 Any claim that a Member may have against us is limited to the Protected Deposit amount plus interest at 2%

above HSBC base rate from the date of the liability being proven against us.

Section G: Complaints Procedure

G1 Our aim is to provide a first class service to all Members and Tenants and to do everything we can to ensure

that you are satisfied. If you feel that we have fallen short of this standard and you wish to complain, you

should do so in writing at:

mydeposits

Ground Floor

Kingmaker House

Station Road

New Barnet

Hertfordshire

EN5 1NZ

Or by email at: complaints@mydeposits.co.uk

G2 On receipt of a complaint we will investigate the complaint fully and respond to you accordingly.

G3 The timescales for dealing with a complaint are as follows:

G3.1 If the complaint cannot be dealt with by the end of the next Working Day following receipt, we will

provide a written acknowledgement within 5 Working Days.

G3.2 If we are unable to resolve the matter within 5 Working Days we will advise you and give our

estimate of the time we expect to need to deal with the complaint.

G.3.3 Our final decision cannot be appealed except by resort to the Court where you may need

independent legal advice.

G4 This Complaints Procedure cannot be used to appeal against an Adjudication decision as agreeing to use

ADR to resolve a Deposit Dispute means agreeing to be bound by the decision of the Adjudicator.

G5 my|deposits is not regulated by the Financial Services Authority (FSA). The Department for Communities and

Local Government (CLG) have responsibility for monitoring the Tenancy Deposit Protection Schemes.