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Ombudsman Estate Agents

rileysnelling.com
3 Friday Street
Minehead
Somerset
TA24 5UB

Tenancy Deposit Protection

New legislation affecting tenants' deposits came into effect on 6th April 2007.  The Tenancy Deposit Protection (TDP) was introduced under the Housing Act 2004, and applies to all new assured shorthold tenancies (ASTs) in England and Wales where a security deposit is taken.

 There are two main aims:

  •  To ensure good practice in deposit handling, so that when a tenant pays a deposit, and is entitled to get it back, he or she can be assured that this will happen.
  • To assist with the resolution of disputes by having an Alternative Dispute Resolution service (ADR).   


To comply with the regulations, new deposits held by rileysnelling.com are protected by an insurance-based scheme operated Tenancy Deposit Solutions Limited (TDS). 

 How does it work?

  • the tenant pays the deposit to rileysnelling.com
  • we retain the deposit in a dedicated client money account
  • we pay a fee to TDS and the scheme will insure against us unlawfully retaining the deposit at the end of the tenancy
  • at the end of the tenancy we will agree with the tenant what happens to the deposit
  • if we cannot agree and the tenant complains to TDS, we will lodge the disputed amount with them
  • when the dispute is resolved, the lodged money will be repaid to the us and the tenant in accordance with the agreement, dispute resolution, or court order
  • money repaid to us will be used to offset the cost of any repairs or replacements needed in your property

How is the landlord affected?  *

  • for new ASTs, we will charge a one-off fee of £40 including VAT on each new tenancy registered with TDS
  • in the great majority of cases we are able to reach agreement with the tenant over the amount of deposit needed to cover the cost of repairs etc
  • where we cannot reach agreement there will, in future, be a short delay in applying the deposit withheld whilst the dispute is resolved by an independent case examiner

* Where the landlord is resident overseas, slightly different arrangements apply affording tenants the same level of protection.