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Custodial Landlord Guide: How you repay the deposit to your tenant at the end of the tenancy




This quick guide sets out what landlords and tenants need to do at the end of the tenancy to repay a deposit which is held by TDS Northern Ireland. 


Who is responsible for protecting the deposit?

The legal responsibility to protect is with the landlord.

Can I take a deposit that isn't money?

No. Under Article 5B (7) of the 2006 Private Tenancies Order, a landlord may only require a deposit in money. 

When did deposit protection begin?

1 April 2013. Any deposits taken on or after that date must be protected.

I took a deposit before 1 April 2013 and the tenancy has since renewed. Do I need to protect?

If you entered into a new fixed term agreement with your tenants after 1 April 2013, yes. As a new agreement it is considered a new deposit. It must be protected within 14 days of the agreement being entered in to. 
If...

Important changes from 1 April 2023

Important changes from 1 April 2023: The law changes in Northern Ireland from 1 April 2023. On or after that date landlords must protect their deposit within 28 days of receipt [up from the previous 14 days] and supply the Prescribed written information with 35 days [previously...

Does deposit protection end automatically?

Insured:   Yes. If you do not inform us otherwise, we will assume the tenancy has ended on the expected end date given when you protected the deposit, and protection will end. If the tenancy is going to renew or continue...

What should I do if the tenancy becomes periodic?

In the insured scheme, if it continues as a statutory periodic tenancy with no material changes to the agreement (such as rent or tenants) please login before the end of the fixed term and mark the 'tenancy outcome' as periodic....

What if the tenancy renews with a new fixed term?

If protected with the insured scheme, you need to protect the deposit afresh. In the 'tenancy outcome' section select 'renew' and you will be able to protect the deposit again. 
No action is needed if the deposit is protected with...

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