New Tenancy Deposit Protection regime

ARLA, the Association of Residential Letting Agents, is backing efforts to ensure landlords understand their new legal obligations over deposits and is taking steps to ensure that the Tenancy Deposit Scheme works efficiently for them.

To support letting agents who are members of ARLA, the Association has produced its own leaflet in a bid to help them educate client landlords and tenants about their obligations and rights under the new deposit protection laws. These come into force on April 6.

The leaflet explains the concept behind tenancy deposit protection, the types of scheme -insured or custodial - and the benefits of alternative dispute resolution.

Said Adrian Turner, ARLA Chief Executive, "Surveys show that most industry professionals understand tenancy deposit protection. The problem facing the industry, and letting agents in particular, is how to ensure that landlord clients, and their tenants as well, understand that tenancy deposit protection is to be mandatory and that the well-tried Tenancy Deposit Scheme is the simplest route for landlords and agents to take to abide by the law."

ARLA is also pressing its members to review their policies about inventory and condition reports and to make their landlords aware that they need them. Inventories will be critical under the new legislation.

A guidance manual for the best practice in inventory making, with examples and a template, is available from ARLA and the other professional bodies concerned with the private rented sector.

Inventories will play a major role in establishing the facts behind any landlord and tenant dispute. An inventory report will help to make the most efficient use of Alternative Dispute Resolution, part of the package that comes with deposit protection schemes.

Without such an obvious proof of loss or damage, it is probable that all the deposit money will be returned to the tenant by the Independent Case Examiner.

The deposit protection explanatory leaflets are available through all letting agents who are members of ARLA. Links to the Deposit Protection Scheme and details of other legislation effecting landlords in the private rented sector can be found on arla.co.uk.