Custodial terms and conditions (2024)

Click for a printable version of these terms and conditions for serving Prescribed Information.

In order to use our Custodial scheme, you will need to read and accept these terms and conditions (the “Terms and Conditions”). Please see below some definitions and explanations of the terms we use frequently throughout this document.

1. Definitions and Explanations of commonly used terms

2. Information about the Scheme for you
   1. These are our Terms and Conditions which govern how we provide the Scheme. From time to time we may change these Terms and Conditions. Please see section 35(g) for how such changes will be notified to you.
   2. The ways you can contact us are set out in section 4 “Ways to Contact us”.
   3. Our Scheme is free to use except in the circ*mstances set out in section 26 “Costs”.
   4. We limit and exclude our liability to you in certain circ*mstances in these Terms and Conditions please see subsections 24(j), (k) and (l) “The Adjudication” and section 29 “Liability” for more details.
   5. We are entitled to reject a Dispute from our Dispute Resolution Service or make a payment of the Deposit to the other Party where one Party does not comply with these Terms and Conditions, please see subsections 21(j) and 22(a) for more details.
   6. Subject to these Terms and Conditions the Landlord and Tenant are free to agree to leave the Scheme at any time without penalty.
3. How our Custodial Scheme works
   Our Custodial Scheme is free to use (with some exceptions, explained later in these Terms and Conditions) and is open to all Landlords. Below is an overview of how it works.
   1. After taking a Deposit from a Tenant, the Landlord must protect the Deposit within 30 Calendar Days of receiving it in order to avoid the consequences set out in the Housing Act 2004. We will accept Deposits submitted after 30 Calendar Days.
   2. Once we have protected a Deposit, we will send confirmation to the Landlord, the Tenant and any Relevant Person (see section 12 for details about what we send). The Landlord must also give the Prescribed Information to the Tenant. Landlords can print a Prescribed Information form which is pre-populated with the information they have entered into the Landlord’s online account at www.depositprotection.com. The Landlord will need to provide additional information to complete the Prescribed Information.
   3. At the end of the Tenancy, the Landlord and Tenant should try to agree how much of the Deposit should be paid to the Landlord, Tenant or the Relevant Person (if there is one). If the Parties can agree, the Landlord and Tenant must confirm the following on their repayment Forms or online submissions:
      1. the amount of the Deposit that should be repaid to the Landlord with reasons; and
      2. the amount of the Deposit that should be repaid to the Tenant with reasons.
   4. If the Landlord and the Tenant agree, we will pay out the amount the Landlord and Tenant agree should be repaid to each of them as detailed on the repayment Form or online submission.
   5. If there is a Dispute regarding the repayment of part or all of the Deposit, it will be referred to our Dispute Resolution Service, unless we are instructed otherwise in writing.
   6. If one Party instructs us that they do not wish to use the Dispute Resolution Service, the Deposit will be moved to ‘awaiting court order’ status, where we will await receipt of a court order in line with section 25, or until we are notified that both Parties do wish to use the Dispute Resolution Service, or we are informed that the Parties have reached agreement as to distribution of the Deposit.
   7. The Landlord or Tenant may follow the Statutory Declaration Process if they have no current address for the other Party or if the other Party fails to respond to a written notice from the claiming Party claiming some or all of the Deposit within 14 Calendar Days of the date of the notice.
4. Ways to contact us
   1. The Online Service
      1. Landlords can register online and anyone using our Service can complete submissions online by visiting www.depositprotection.com.
      2. Parties can also communicate with us by visiting the ‘Contact’ section at www.depositprotection.com.
      3. If a Dispute is being dealt with by the Dispute Resolution Service, we can be contacted at [email protected].
      4. Except in the circ*mstances outlined in section 31 of these Terms and Conditions, our Online Service will be available 24 hours per day.
   2. Customer Service Centre
      The Customer Service Centre is available to:
      1. help Landlords, Letting Agents and Tenants to use the Scheme;
      2. process requests for Forms;
      3. manage new registrations of Landlords and Letting Agents; and
      4. process requests for repayment and responses. We ask callers a series of questions in order to identify them. If callers cannot give satisfactory answers to the questions asked, we will not be able to help.
   3. Paper Based Service
      1. If you cannot access our Online Service you can request a Form, either by phone or in writing. All letters and completed Forms should be sent to the address at section 37 of these Terms and Conditions.
      2. Any Forms requested will be pre-printed with as much relevant information about the transaction as we have and we will mail them to the address of the requesting Party. We cannot accept photocopied or altered Forms.
5. How to create an account
   1. Landlords
      1. When a Landlord creates an account with us, all information provided must be up-to-date and correct.
      2. Landlords (but not Letting Agents or Organisations) must provide the following mandatory pieces of information to create an account:
         i. the Landlord’s first name, surname and title;
         ii. the Landlord’s contact address including the town, country and postcode;
         iii. at least one valid UK contact telephone number for the Landlord (including UK mobile phone numbers); and
         iv. a valid email address for the Landlord (if creating an account online).
      3. Letting Agents and Organisations must provide the following mandatory pieces of information:
         1. the full name and title of the Letting Agent or Organisation’s primary contact;
         2. the full name or company name of the Letting Agent or Organisation;
         3. the contact address of the Letting Agent or Organisation;
         4. at least one contact telephone number for the Letting Agent or Organisation; and
         5. a valid email address for the Letting Agent.
      4. A Landlord can create an account online at www.depositprotection.com or by calling 0330 303 0030.
      5. When Landlords submit their first Deposit through the Custodial Scheme they must confirm that they have read and agree to be bound by these Terms and Conditions including the Privacy Policy at section 33. Each time the Terms and Conditions are updated Landlords must accept the new Terms and Conditions to continue using the service. If Landlords do not accept the new Terms and Conditions they will not be able to continue using the Online Service.
      6. Landlords must supply a valid email address and select a password to use the Online Service. Landlords must keep this password secure at all times and it should not be disclosed to anyone.
      7. Landlords will receive an email containing a link to activate their account. The Landlord must click the link in the email and log in within 48 hours of the issue of the link. After 48 hours the link will expire and the Landlord will need to request a new activation link.
      8. If Landlords forget their password they can ask us to reset it. We will send an email to their registered email address with a new activation link which will be valid for seven days.
      9. Once the Landlord’s account has been activated, the Landlord will be provided with their account reference through the Online Service.
      10. Landlords must enter their registered email address and password for the following:
          1. to log into their online account;
          2. to access all the information we store that relates to them;
          3. to update any such data;
          4. to pay a new Deposit to us;
          5. to perform any actions during a Tenancy;
          6. to manage their Deposits; and
          7. to instigate the Deposit repayment process.
      11. All Landlords who create an account through the Customer Service Centre will be provided with a confirmation in writing of:
          1. their unique Landlord ID. This will also be provided over the telephone; and
          2. The website address at which they can view the Terms and Conditions online, which will be sent within 3 Working Days of registration. On receipt of this confirmation Landlords will be deemed to have accepted these Terms and Conditions unless we are notified otherwise in writing. If a Landlord does not accept the Terms and Conditions they must not use the service. If a Landlord continues to use the service after notifying us that they do not accept the terms and conditions they will be deemed to have accepted the Terms and Conditions.
      12. Landlords may opt to apply Enhanced Authentication to their account. If a Landlord opts for Enhanced Authentication, they may only enable the following changes or transactions if they enter a 6 digit code to the Online Service which we will provide to the Landlord’s email address or mobile phone via SMS:
          1. Changes to contact details (name, address, telephone number, email address) under section 13;
          2. Initiating a Landlord Repayment Request under section 16;
          3. Changing the Tenants in a Tenancy under section 13.II; and
          4. Changing the Landlord in a Tenancy under section 13. I.
      13. Account Owners can add Administrators to their Deposit Portfolio. An Administrator who is added to a Deposit Portfolio is authorised by the Account Owner to act on their behalf to complete tenancy related actions in respect of a Deposit Portfolio protected by us.
      14. We will send all correspondence relating to a Tenancy to the contact details registered for that Tenancy within the Deposit Portfolio.
      15. We will send all correspondence which is specific to an Administrator to the Administrator’s contact details.
      16. The Account Owner is responsible for ensuring that all information associated with a Deposit Portfolio is up to date and correct.
      17. An Account Owner can remove Administrators from their DPS account in respect of a Deposit Portfolio at any time.
   2. Tenants
      1. The Tenant will receive an email containing a link to activate their account. The Tenant must click the link in the email and log in within 48 hours of the issue of the link. After 48 hours, the link will expire and the Tenant will need to request a new activation link.
      2. The Tenant must select a password to use the Online Service. The Tenant must keep this password secure at all times and should not disclose it to anyone.
      3. If Tenants forget their password they can ask us to reset it. We will send an email to their registered email address with a new activation link which will be valid for 48 hours.
      4. When Tenants first log into their account they must confirm that they have read and acknowledged the Terms and Conditions including the Data Protection Notice and Privacy Policy at section 33. Each time the Terms and Conditions are updated Tenants will be invited to read and acknowledge the new Terms and Conditions. If Tenants do not read and acknowledge the new Terms and Conditions they will not be able to continue to use the Online Service and we will not be able to take instructions from them.
      5. Tenants must enter their registered email address and password for the following:
         1. to log in to their online account;
         2. to access all the information we store that relates to them;
         3. to update any such data; and
         4. to instigate the Deposit repayment process.
      6. Tenants may opt to apply Enhanced Authentication to their account. If a Tenant opts for Enhanced Authentication they may only enable the following changes or transactions if they enter a 6 digit code to the Online Service which we will provide to the Tenant’s email address or mobile phone via SMS:
         1. Changes to contact details (name, address, telephone number, email address) under section 13; and
         2. Initiating a Tenant Repayment Request under section 17.
6. Adding a Property
   Landlords can add a Property or multiple Properties in their online account before submitting any Deposits to us.
7. Creating a Tenancy
   1. Landlords can create a Tenancy in their online account before submitting any Deposits.
   2. To create a Tenancy, a Landlord must provide a name together with a contact mobile
      telephone number or email address for any Tenants and an email address for any Relevant Person.
   3. Once a Tenancy has been created an email will be sent to all Tenants’ registered email address(es) along with a link to activate their online account(s).
8. Joint Tenancies and Third Parties (Nominated Tenant)
   1. At the end of the Joint Tenancy one Tenant must liaise with us with regard to the return of the Deposit. That Tenant will be the Nominated Tenant, and will be responsible for representing the interests of all Joint Tenants (and any Relevant Person). The Nominated Tenant will act on behalf of all Joint Tenants specifically in connection with:
      1. the Deposit repayment process;
      2. any Statutory Declaration;
      3. the provision of Tenant’s evidence; or
      4. any other relevant Form or submission.
   2. It is the Nominated Tenant’s responsibility to try and agree with the Landlord how the Deposit should be distributed at the end of the Joint Tenancy.
   3. The Nominated Tenant must submit repayment instructions on behalf of all of the Joint Tenants whether online, by phone or using the paper process.
   4. Instructions on behalf of Joint Tenants will only be accepted if the Tenant who gives the instruction confirms that they act on behalf of all Joint Tenants with regard to the repayment process. From then on instructions will only be accepted if they have been authenticated by the Nominated Tenant either by entering the Nominated Tenant’s account information when using the Online Service, or by answering security questions when using the Customer Service Centre or their signature when using the paper process.
   5. The Landlord is responsible for managing the Tenants’ (and Relevant Person’s) relationship in a Joint Tenancy. The Landlord must:
      1. complete the Deposit Submission Form;
      2. ensure that the responsibilities of the Joint Tenants are fully understood by all Joint Tenants, and any Relevant Person; and
      3. explain to the Joint Tenants that the Nominated Tenant process will come into effect at the repayment stage and that the Nominated Tenant will act on behalf of all Joint Tenants and any Relevant Person.
   6. The Joint Tenants must ensure that Joint Tenancy information is kept up-to-date.
   7. We are entitled to deal with and take instructions from the first Joint Tenant who comes to us with a valid instruction and confirms that they act on behalf of all Joint Tenants (the Nominated Tenant).
   8. If no Joint Tenant confirms that they act on behalf of all Joint Tenants we will not be able to process instructions for the Joint Tenants.
9. Initial Requirements
   Sections 10 (Deposit Submission) and 11 (Payment Options) of these Terms and Conditions comprise the Initial Requirements for the purposes of the Housing Act 2004or section 45(2)(a) of the Renting Homes (Wales) Act 2016.
10. Deposit Submission
    1. After creating a Tenancy in their online account the Landlord can submit a Deposit for protection either online through their account at www.depositprotection.com or with a Cheque Deposit Submission Form sent to us by post.
    2. It is the Landlord’s responsibility to submit Deposits for protection within 30 Calendar Days of receipt from the Tenant.
    3. Landlords will not be able to submit a Deposit unless all mandatory information has been provided.
    4. Landlords can increase the amount of an existing Deposit at any time during the Tenancy, subject to the limitations as defined in the ‘Deposit’ definition within Section 1 of these terms and conditions.
    5. If Landlords create a Tenancy profile but do not submit a Deposit for protection within 60 Calendar Days, we will cancel the Tenancy profile and Landlords will need to create a new Tenancy profile before a Deposit can be submitted for that Tenancy. We will also inform the Tenant that the Deposit has not been protected with us.
    6. It is a Landlord’s sole responsibility to ensure that a Deposit complies with the Tenant Fees Act 2019. We shall not be responsible to Tenants or Landlords if a Deposit does not comply with the Tenant Fees Act 2019.
11. Payment options
    1. The Landlord must ensure that they pay the correct amount of Deposit to us.
    2. Deposits can be paid to us by bank transfer, debit card or cheque.
       
       1. Bank Transfers
          1. Bank transfer payments can only be used for online custodial Deposit submissions and must be made using our 6 digit sort code and the Landlord’s unique 8 digit account number which will be displayed when a Landlord opts to pay by Bank transfer in their online account. Landlords must add a reference number to the payment.
          2. Payments we receive can be allocated to custodial Deposits manually or automatically. Automatic allocation will only occur if the amount paid exactly matches a custodial Deposit awaiting payment and/or the reference number on the Landlord’s bank transfer matches the reference specified by the Landlord. If for any reason we are unable to match a payment to a Deposit, then the funds will be credited to the Landlord’s account for the Landlord to allocate manually.
          3. If manual allocation is required, the Landlord must log in to their online account and manually allocate the submitted funds to the relevant custodial Deposit. It is the Landlord’s sole responsibility to manually allocate funds in order to ensure that the Deposit is protected.
          4. Bank Transfers are non-reversible. If you think that an over-payment has been made, then you must contact us on 0330 303 0030 or by visiting the ‘Contact’ section at www.depositprotection.com.
       2. Debit card payments
          1. Debit card payments can only be used for online custodial Deposit submissions.
          2. If a Landlord wishes to pay by debit card, they must select this option on the payment page following creation of the Deposit in the online system.
          3. We use Worldpay to process debit card payments.
          4. When a Landlord pays by debit card their details are sent to Worldpay in order to process payment.
          5. We do not store Debit Card details.
          6. Confirmation that a successful card transaction has taken place will be provided to the Landlord in real time.
          7. We will provide confirmation to the Landlord when the payment clears, by email within 5 Calendar Days of processing the debit card payment.
       3. Cheque payments
          1. Cheque payments must be submitted to us by post with the Cheque Deposit Submission Form to the address in section 37 of these Terms and Conditions.
          2. Cheque Deposit Submission Forms can be requested by telephone from our Customer Service Centre.
          3. All cheques must be made payable to The Deposit Protection Service, be dated within the past 3 months of the date of processing, be signed by an authorised signatory of the account and be drawn in pounds Sterling on a UK bank account. Words and figures must match and be equal to the full amount of the Deposit as stated on the Cheque Deposit Submission Form. The reverse of the cheque should be marked with the Landlord’s ID and the Deposit ID for the relevant Tenancy.
          4. If the cheque does not meet all of the criteria above, we reserve the right to reject it and return it to the Landlord within 4 Working Days of receipt, identifying the reason for its rejection.
          5. Accepted cheques will be banked within 1 Working Day of receipt. We will issue a confirmation that the Deposit has been protected within 5 Calendar Days of a cleared cheque.
          6. In the event that cheques are returned unpaid, we reserve the right to charge a fee of £25.89 which the Landlord must pay. Until this fee is paid, we won’t accept any Deposits from that Landlord for that Tenancy.
12. What happens after the Deposit has been protected?
    1. We will send an email confirming protection of the Deposit to:
       1. the Landlord’s Deposit Portfolio address or the Landlord’s Deposit Portfolio email address;
       2. all Tenants’ registered email addresses. We will also send a link to Tenants to activate their online account if they have not done so already. If we do not know the Tenants’ email addresses, we will send confirmation by post to the Property. If we do not know the Tenants’ email addresses and the Deposit has been paid more than 14 Calendar Days before the start date of the Tenancy, we will send confirmation to the Property in time for the Tenancy start date; and
       3. the email address of any Relevant Person registered on the Deposit. We will also send the Relevant Person a certificate confirming protection of the Deposit.
    2. Tenants will be able to use their email address and password to log in to the Online Service and view the Deposit, a certificate confirming protection of the Deposit, Tenancy details and other information we hold regarding the Tenancy.
    3. If, at the end of a Tenancy’s fixed term period, the Tenancy continues on a statutory periodic basis or a new fixed term period is agreed, we will continue to protect the Deposit and treat it as if it had been received in respect of the statutory periodic tenancy or new fixed term tenancy.
13. Making changes to your account
    1. Tenants can update their own contact details, at any time. This can be done on our website, on the phone, or in writing. Tenants must keep all forwarding addresses, and all other contact details up-to-date.
    2. Landlords can change their own contact details, or notify us of a change of Landlord or request a change of Tenant. Landlords must ensure that all information we hold in relation to Tenancies, and Deposits for which they are responsible are up-to-date and factually correct.
    3. Administrators cannot change their own email address or phone number but can change the rest of their contact details.
    4. If either a Landlord or a Tenant has opted for Enhanced Authentication they will have to enter a 6 digit code in order to make these changes. We will provide that code to the user’s specific email address or mobile phone number via SMS.
       
       1. Changing the Landlord of a Tenancy
          1. If the Landlord changes, the outgoing Landlord must effect a change of Landlord via their online account. We will not register a change of Landlord unless:
             1. the incoming Landlord has an account with us with a valid Landlord ID; and
             2. the outgoing Landlord has the incoming Landlord’s Landlord ID.
          2. If we have had no contact from the outgoing Landlord and a Tenant tells us that the Landlord of the Tenancy has changed, we will inform the Tenant that the incoming Landlord should contact us with reasonable supporting evidence to confirm this.
          3. If an incoming Landlord contacts us with reasonable supporting evidence which suggests that the Landlord of the Tenancy has changed, we will contact the outgoing Landlord to confirm this, giving them 7 Calendar Days to respond. If the outgoing Landlord does not call us at the Customer Service Centre on 0330 303 0030 within 7 Calendar Days, we will transfer the Tenancy to the incoming Landlord.
          4. If the outgoing Landlord does call us within 7 Calendar Days, disputing that there has been a change in Landlord, we will not complete the transfer. In this instance the incoming and outgoing Landlords must agree which one of them should be registered as Landlord with us, or the Deposit should be repaid in accordance with section 14 of these Terms and Conditions.
          5. In the event of a change of Landlord, we will send confirmation and details of the change including the new Deposit ID to:
             1. the outgoing Landlord, Letting Agent or Organisation as applicable;
             2. the incoming Landlord, Letting Agent or Organisation as applicable; and
             3. all Tenants at the Property.
       2. Changing Tenants in a Tenancy
          1. A change of Tenant process should only be used:
             1. when a Tenant is leaving a Joint Tenancy and the Landlord has no claim against the Deposit for the Tenant leaving the Joint Tenancy; or
             2. when a Tenant is leaving a Joint Tenancy and a new Tenant is being added to a Joint Tenancy and the Landlord has no claim against the Deposit for the Tenant leaving the Joint Tenancy; or
             3. when a new Tenant is being added to a Joint Tenancy only.
          2. Landlords will be able to add or remove Tenants from a Tenancy via their online account.
          3. If a Landlord has opted for Enhanced Authentication they will have to enter a 6 digit code in order to add or remove Tenants from a Tenancy. We will provide that code to the Landlord or Tenant’s email address or mobile phone via SMS.
          4. When a landlord seeks to add or remove either a Joint Tenant or a Sole Tenant from a Tenancy via their online account or via a phone call to our Customer Service Centre, we will send confirmation of that change by email, SMS or post to;
             1. the Landlord, Letting Agent or Organisation in respect of the Property;
             2. the Tenants who will continue to reside in the Property;
             3. any incoming Tenants; and
             4. any outgoing Tenants.
          5. We will advise all Tenants that if they do not want us to make the changes that the Landlord has requested that they must call us via the Customer Service Centre on 0330 303 0030 within 9 days. If no Tenants contact us, we will complete the removal as the Landlord has requested
          6. We will not repay any part of the Deposit to outgoing Tenants unless the repayment process is completed.
          7. Where a Tenant is removed from a Joint Tenancy it is the remaining Tenants' responsibility to arrange any payments to an outgoing Tenant or Relevant Person.
       3. Scheme Transfers
          1. If a Landlord wants to transfer a Deposit we are protecting to another Scheme, they can email their request to [email protected]. They will need to send a list of all the Deposits they want to transfer. They also need to send us the details of the Scheme to which we should transfer the Deposits.
          2. If we are satisfied that we have received all the required information, as soon as is reasonably practical, we will:
             1. transfer the relevant Deposit directly to the other Scheme;
             2. if applicable, transfer the relevant Interest directly to the other Scheme;
             3. send the other Scheme a list of all details of the Deposits and any accrued Interest we have transferred; and
             4. close the relevant Deposits and Tenancies on the Landlord’s online account.
          3. We reserve the right to make further enquiries of any Landlord on receipt of a request to transfer Deposits to another Scheme.

21. The Dispute Resolution Service – General rules for using our Dispute Resolution Service
    1. To use our Dispute Resolution Service, Landlords and Tenants must have completed a repayment Form or online repayment request with notification of a Dispute or completed the Statutory Declaration Process. They must consent or be deemed to have consented to our Dispute Resolution Service and confirm that they will be bound by the Decision.
    2. If the repayment Form or the online repayment request has been completed incorrectly or if any of the mandatory declarations have been struck out, then the Dispute cannot be referred to our Dispute Resolution Service. In this case, we will direct those involved to pursue the Dispute through the courts. As detailed in section 25 below, we will continue to hold the Deposit until we receive a court order instructing us to repay it, or an instruction to repay it signed by both Parties.
    3. If you agree to use our Dispute Resolution Service, you may not withdraw your agreement in the future.
    4. If either Party does not agree to use our Dispute Resolution Service to resolve the Dispute, they must resolve the matter by agreement with the other party, or through the courts. The Party refusing to use our Dispute Resolution Service must start the required court proceedings or reach agreement with the other party within 6 months of notifying us of their refusal. If they do not, we may award the disputed amount to the other Party. At any time within the applicable 6 months the parties may reverse their decision and consent to resolve the dispute through our free Dispute Resolution Service.
    5. We will only send Disputes to our Dispute Resolution Service if both the Landlord and Tenants comply with these Terms and Conditions.
    6. Use of our Dispute Resolution Service does not remove the duty of one Party to pay the other any other amounts which are due and not subject to a Dispute.
    7. Use of our Dispute Resolution Service is free of charge except in circ*mstances set out in subsection p and section 26 below and except as to the Parties’ own costs. Each Party must bear any costs they incur through participating in the Dispute Resolution Service. We will not make any award to cover these costs.
    8. The Landlord and Tenant are free to settle the Dispute between themselves at any point during the Adjudication. They must notify us of their agreement to do so by providing an instruction signed by both Parties. We will return the Deposit in accordance with the agreement when we receive the instruction.
    9. The Adjudicator can only make a Decision to award up to the value of the Deposit.
    10. If either Party does not comply with any of these Terms and Conditions, the Dispute may be rejected and the Deposit will be subject to repayment in accordance with these Terms and Conditions.
    11. We may decide in our absolute discretion whether a Party has complied with these Terms and Conditions and is eligible to participate or continue to participate in the Dispute Resolution process.
    12. A Dispute must not be the subject of an existing court action.
    13. The Adjudicator will not make an award in relation to damage caused by fair wear and tear only.
    14. We will not deal with Disputes through the Dispute Resolution Service where, in our reasonable opinion:
        1. they relate to matters other than the return of the Deposit; and/or
        2. either Party has indicated their intention to issue legal proceedings in respect of any of the issues raised in the Dispute; and/or
        3. the Dispute is not suitable for resolution via the Dispute Resolution because for example the facts and matters are unduly complicated and more suitable for a Court to decide upon and/or
        4. the issues raised have already been decided upon by a court and an order in accordance with section 25(a) has been made by the Court;
    15. The Adjudicator may also reject Disputes which, in their reasonable opinion:
        1. are being pursued in an unreasonable manner;
        2. are frivolous;
        3. are vexatious; and/or
        4. seek to raise matters which were previously decided by a similar dispute resolution process, or matters which, in the opinion of the Adjudicator, exceeds their jurisdiction.
    16. Landlords and Tenants can only make evidence submissions when requested to the Dispute Resolution Team by post to the address set out in section 37, or by uploading evidence via their online account. We cannot receive evidence via email or external cloud storage. We must receive evidence submissions before 11:59:59 p.m. on the day of the previously advised deadline. We reserve the right to refuse to pass any evidence to the adjudicator after the date for submission of evidence has passed. We also reserve the right to return any physical evidence received before a Dispute is formally commenced to the party sending it.
    17. If a Dispute relates to a Tenancy that is not an Assured Shorthold Tenancyor an Occupation Contract, we reserve the right to charge the Landlord a fee of £500 plus VAT, or 10% of the Deposit amount, whichever is the greater for the administration of the Dispute. Where possible, we will deduct this from any amount awarded to the Landlord as a result of the Decision. If there is no award to the Landlord, or the amount awarded does not cover the fee, the Landlord must pay us within 14 Calendar Days of our request for payment.
    18. We reserve the right to reject a request to use our Dispute Resolution Service if the tenancy is not an Assured Shorthold Tenancy or when the Deposit is £5,000 or more in amount.
22. Repayment Request – Collection of evidence
    1. Upon receipt of a duly completed online Deposit repayment submission notifying us of a Dispute, we will write to both the Landlord and the Tenant, inviting both Parties to submit their evidence in relation to the Dispute. The Landlord and Tenant must ensure that we are in receipt of their evidence within 14 Calendar Days of our invitation being issued; failure to do so could result in the Deposit being paid to the other Party contrary to the Landlord’s or Tenant’s intentions.
    2. If the Landlord or Tenant does not wish to submit any supporting evidence in support of their claim, the Landlord or Tenant must notify us via their online account or in writing by post to confirm this. We can’t accept notification by email. This must be completed within the 14 Calendar Days of our invitation being issued.
    3. If, within 14 Calendar Days of the invitation being issued by us, the Landlord or Tenant fails to submit any evidence, or in the alternative confirm via their online account or by post that they have no supporting evidence to submit, we may release the disputed amount to the other Party within 10 Calendar Days of the deadline for the Parties’ response.
    4. In the event that neither Party complies with the requirement of section c above, we will repay any disputed sum to the Tenant.
    5. When submitting evidence through their online account, Parties can upload files of the following types: Documents: .doc, .docx, .txt, .rtf, .pdf, .xls, .xlsx, .csv; Images: .jpg, .png, .gif; Videos: .asf, .wmv, .avi, .mpg, .mov, .mp4.
    6. The maximum size for a single submission upload is 40MB, however multiple submissions are allowed via an online account.
    7. The Parties should check all evidence files for viruses before uploading them to their online account. If we find a virus in any of the files a Party has uploaded to its online account, we may delete all files uploaded by that Party as a security precaution immediately. We will notify the Party if this happens and ask them to upload their evidence again, without viruses. We will not be responsible or liable to the Parties for any consequences of the deletion of such files.
    8. Parties will not be able to view any evidence files uploaded to the online account of their opposing Party.
    9. The Parties are solely responsible for the content of evidence uploaded to their online accounts. Parties must ensure that no illegal or offensive or inappropriate images are included in any evidence submitted.
    10. We reserve the right to delete immediately any evidence from the parties’ online accounts which we deem to be inappropriate, offensive or illegal in our sole discretion. We reserve the right to exclude such evidence from Adjudication.
    11. The Parties should notify us immediately if they identify any offensive or illegal or inappropriate material or images uploaded to their online accounts.
    12. The Parties are required to obtain the consent of any third party whose personal data may be is submitted to us as evidence for the purposes of the Adjudication.
    13. Once the deadline date has passed, the Parties will not be able to upload any evidence via their online account.
23. Dispute Evidence – the details
    1. The Landlord’s evidence should include, but is not limited to the following:
       
       1. a statement of the precise issues which are in Dispute and the reasons for the amount of any Deposit claimed;
       2. the signed check-in inventory and schedule of condition;
       3. vacating instructions;
       4. the signed check-out inventory and schedule of condition;
       5. a signed and legally-compliant written Tenancy Agreement;
       6. a schedule of the cost of any works sought to be deducted from the Deposit together with estimates, invoices and receipts (produced by an independent or third party) and photographs if available;
       7. a statement of the rent account, if relevant;
       8. if housing benefit has been paid, a letter from the Housing Benefit Department stating when it will stop, or that it has stopped;
       9. any other relevant information including photographs, DVDs, correspondence or receipts; and
       10. confirmation that they have contacted the Tenant and provide a copy of any correspondence between them, or details of their discussions.
    2. The Tenant’s evidence should include, but is not limited to the following:
       1. the reasons why the Tenant denies that the Landlord is entitled to the disputed amount; and
       2. any other relevant information including photographs, DVDs, correspondence or receipts.
    3. Any photographs or digital evidence should be signed or a statement should be attached signed by the Party providing them and showing the date on which they were taken.
    4. If either Party cannot provide any of the above evidence, they should explain to us why they are unable to do so. We will then exercise our discretion to decide whether
       to allow the Dispute to proceed to Adjudication.
    5. The Nominated Tenant must complete the Tenant’s evidence on behalf of all Joint Tenants named on the Tenancy Agreement.
    6. Following receipt of each Party’s evidence, we may request extra information or clarification.
    7. It is the Landlord’s sole responsibility to send us a signed, valid Tenancy Agreement before we pass the case to the Adjudicator. If we do not receive a copy of the Tenancy Agreement, we will still pass the Dispute papers to the Adjudicator. Claims from Landlords who do not provide a valid Tenancy Agreement are likely to fail.
24. The Adjudication
    1. Once the deadline has passed for evidence submission, we will provide the following to the Adjudicator:
       1. the Landlord’s evidence, Statutory Declaration or Statutory Declaration Notice;
       2. the Tenant’s evidence, Statutory Declaration or Statutory Declaration Notice;
    2. If the Parties submit evidence after the Adjudicator has already reached a Decision, they will not be able to take any further evidence into consideration.
    3. Our Adjudicators are fair and unbiased, and make their Decision based solely on the evidence and Forms submitted. You should submit any evidence you feel supports your case when we ask you to. If you do not submit evidence when requested, the Adjudicator will not be able to consider it when making their Decision.
    4. The Adjudicator may:
       1. make any necessary enquiries with the Parties if issues or queries arise when reviewing the evidence;
       2. carry on with the Adjudication even if either Party does not comply with these Terms and Conditions, or any instruction from the Adjudicator or us;
       3. stop the Adjudication if it appears that the Dispute cannot be settled this way, or if the Parties settle their Dispute before a Decision is made.
    5. Except in circ*mstances set out in section d above, the Adjudicator will make a Decision within 28 Calendar Days of receiving the Dispute papers from us. The day of receipt will be the Working Day after the papers are sent to the Adjudicator.
    6. We will notify the Parties of the Adjudicator’s Decision within 2 Working Days of the Decision. The Decision is binding on both Parties and both Parties must comply with it.
    7. The Decision cannot be appealed through the Dispute Resolution Service although nothing prevents either Party from pursuing the other through the courts if they disagree with the decision.
    8. We will make any payment to either Party within 10 Calendar Days of the Decision.
    9. We will make payments according to the method specified by the relevant Parties
    10. The Adjudicator may take the initiative in ascertaining the facts and the law.
    11. The Adjudicator may apply their discretion and judgement to the interpretation of the Tenancy Agreement and the application of the facts.
    12. The Adjudicator may correct accidental slips or omissions in Decisions within 30 days of the Decision.
25. Court Orders
    1. If you obtain a court order against your Landlord or Tenant, we will only release the Deposit if:
       1. it refers to the Deposit and/or The DPS as the Scheme administrator; and
       2. it specifies how much of the Deposit should be paid to the successful Party.
    2. If the court order does not comply with section a above, we will not be able to release the Deposit. In this case, the order must be amended, or a third party debt order must be obtained or the matter may be referred to our Dispute Resolution Service in accordance with Section 21 of these terms and conditions for a Decision, before we can release the Deposit.
26. Costs
    All aspects of our Custodial Scheme are free to use, except in the following circ*mstances where fees are charged:
    1. for processing a payment to an overseas bank account we charge £25.89; and
    2. where we are adjudicating a Dispute relating to a Tenancy which is not an Assured Shorthold Tenancy we reserve the right to charge a fee of £500 plus VAT.
27. Confidentiality
    1. Anyone involved with an Adjudication must not reveal specific details of the case to people not connected to that Adjudication, unless required by law.
    2. By agreeing to use our Dispute Resolution Service, you give us permission to gather and keep information about your Dispute. We may use this to publish statistics or case studies, removing any information which may identify any individuals.
28. Keeping your data safe
    The following are data security Terms and Conditions which are specific to our Custodial Scheme:
    1. if a Landlord requests a Form, we will ask for their Landlord ID and Deposit ID so we can process their query.
    2. if a Tenant request a Form, we will ask for their Deposit ID so we can process their query.
    3. in order to meet data protection obligations, we need callers to provide proof of their identity. This means callers will need to answer some questions about their account. If callers can’t give us the right answers, we will have to end the call.
29. Liability
    1. We will take reasonable care in operating our service, and we will be responsible to you for any losses or expenses suffered or incurred by you as a direct result of our negligence, wilful default or fraud. The DPS’s liability in relation to any claim shall not exceed the total amount of the Deposit to which the claim relates and in any event will not exceed £5,000 in aggregate including costs and Interest.
    2. We do not accept liability for any indirect or consequential loss suffered by anybody or for any loss that does not arise as a result of our negligence, wilful default or fraud.
    3. Neither we nor the Adjudicator are liable for anything done or omitted to be done in the discharge or purported discharge by the Adjudicator of their functions as Adjudicator unless the act or omission is in bad faith and any employee or agent of the DPS (whether that person is the Adjudicator or otherwise) is similarly protected from liability.
    4. In the event that you do not comply with these Terms and Conditions and this results in loss or damage to The DPS, you shall be liable to compensate us for any such loss
       or damage.
    5. Any limitation or exclusion of liability under these Terms and Conditions shall only operate to the extent permitted by law.
    6. You must contact us immediately if you suspect that your password, Landlord ID, Deposit ID, log in details or 6 digit code for Enhanced Authentication have been lost, disclosed to, or obtained by, anyone who is unauthorised to have them, and that their integrity is threatened. Until you notify us that it has been compromised, we will assume that any instructions received in any form, which have been authenticated by your Landlord ID, Deposit ID or your log in details are genuine and are valid instructions from you and we will act accordingly. You will be liable for all such transactions.
    7. Once processed, a Form or online Deposit response is a binding instruction to make payment; you are not entitled to cancel, amend or revoke such an instruction.
    8. You are responsible for ensuring that any bank account details entered online for repayment are correct. Once payment has been made we are not obliged to recover funds that have been paid out incorrectly due to incorrect account details being entered online.
    9. We do not accept liability for the actions of any third parties including Letting Agents.
    10. Account Owners are responsible for any actions on their Deposit Portfolio and any fraudulent activity undertaken by their Administrators.
30. Complaints
    1. We hope that you are always satisfied with our service, however, if you are unhappy with our service, we have a complaints handling procedure. We can provide you with a copy upon request.
    2. If you ever feel that we have fallen short of the standards we set ourselves and you have cause for complaint, please let us know. We treat all complaints seriously and investigate them fully. To send us a letter, you can write to us at the address in section 37. To send us an email, please use: [email protected]
    3. If a party is dissatisfied with the outcome of an Adjudication but has not identified errors of fact or law in the decision that shall not constitute valid grounds for a complaint. If a party believes the Adjudicator has made an error of fact or law in the decision, we must receive the complaint within 3 months of the decision issued by The DPS.
31. Service Availability
    1. The Online Service will usually be available for use 24hours a day, every day of the year subject to scheduled down time that will be advertised on the site to users prior to any down time being implemented. However, the service may be temporarily unavailable for a number of reasons, including routine and emergency maintenance, excess demand for the service, failure of the internet and other circ*mstances beyond our control.
    2. We shall not have any liability to you for any non-availability or interruption in the operation of the service (wholly or part of) or for any failure or delay of a communication. It is your responsibility to ensure that any communications are sent in sufficient time to be received within any deadlines.
32. Online Security
    1. Except where we have been negligent, we do not accept any responsibility for any interception, redirection, corruption, copying, reading, tampering or loss of confidentiality which may take place either once an email message has been sent by us or prior to an email message being received by us or for any losses, claims, damages or expenses which may be suffered or incurred by you as a result of any such interception, redirection, corruption, copying, reading, tampering or loss of confidentiality.
    2. We take reasonable care to ensure that electronic communications generated by the Online Service are free of viruses or other corruption of data. Before opening or using any documents or attachments, you must check them for viruses and defects. Our liability in this respect is limited to re-supplying any affected documents or attachments.
    3. You are responsible for ensuring all electronic communications sent by you to us are free from viruses or defects. If a communication from you is found to contain a virus, we shall not be obliged to receive or act upon such communication.
    4. We shall not be responsible for delays or failure to perform any of our obligations due to acts beyond our control. Such acts shall include, but not be limited to, acts of God, strikes, lockout, riots, acts of war, epidemics, governmental regulations superimposed after the fact, communication or line failures, power failure, earthquakes or other disasters.
    5. If you are sending an e-mail to us, please ensure your e-mail does not exceed 20 megabytes. Any e-mails received larger than 20 megabytes may not be received.
    6. Any information supplied on our website, by email, in our printed documentation, on the telephone or by post is for guidance only. Independent advice should be sought regarding the interpretation of any applicable legislation.
    7. You are responsible for keeping any passwords in relation to us secure. We accept no liability for any loss incurred as a result of you not ensuring your passwords are kept as secure as possible.
    8. Whilst your connection to the Online Service is encrypted you should note that email communications are not necessarily secure and there is always a risk that email messages may be intercepted or tampered with. By registering for and using this service, you acknowledge that these risks exist and that confidentiality cannot always be assured.
    9. Any bank details which are stored on the online system will be encrypted.
33. Privacy Policy
    The DPS’s Data Privacy Policy can be viewed by visiting https://www.depositprotection.com/privacy-policy or by calling 0330 303 0030 to request a copy.
34. Intellectual Property
    The DPS and the DLUHC shall retain all intellectual property rights in and relating to all methods, formulae, techniques, processes, systems, materials, programs, logos, Forms and documentation devised, designed or prepared by or on behalf of The DPS for the purpose of or in connection with its provision of the Scheme and all other Intellectual Property Rights created by or on behalf of The DPS in connection with the Scheme.
35. General
    1. Unless otherwise detailed in these Terms and Conditions, all Forms will be processed within 4 Working Days of receipt.
    2. Unless otherwise detailed in these Terms and Conditions, all time limits will be calculated, as applicable:
       1. excluding the day we receive Forms or documents; and
       2. from the day that we issue Forms or documents, regardless of the date they are received or seen by the Parties.
    3. Unless correspondence relates to Dispute Resolution, the Statutory Declaration Process, or the repayment of a Deposit, all communications will be sent by 2nd class post. Correspondence related to Dispute Resolution, Statutory Declaration Process, or the repayment of the Deposit will be sent by 1st class post.
    4. If you are in any doubt as to whether we have received or carried out any of your instructions, you should telephone us immediately on 0330 303 0030.
    5. We may determine in our absolute discretion whether anyone has complied with these Terms and Conditions.
    6. All Deposits will be held in a designated bank account which we maintain for all parties using the Scheme.
    7. From time to time we may change these Terms and Conditions. We will keep you informed about changes when you log in to use the Online Service. You can always find our current Terms and Conditions on our website too. If you would like a paper copy, call or email us. All Forms or online submissions will be processed and all Disputes dealt with in accordance with the Terms and Conditions in force at the time the relevant Forms or online submissions are received by us. Our Terms and Conditions can be viewed online at www.depositprotection.com or a paper copy is available on written request.
    8. If any part of the terms of these Terms and Conditions proves to be or unenforceable in any way, this will not affect the validity of the remaining Terms and Conditions in any way.
    9. If we relax any part of these Terms and Conditions once or more than once, each instance would be considered a one-off , or a temporary decision. It will not affect our right to enforce the term strictly again when we wish to.
    10. We reserve the right to delay taking action on any particular instruction if we consider that we need to obtain further information or to comply with any legal or regulatory requirement binding on us (including obtaining evidence of identity to comply with money laundering regulations) or to investigate any concerns we may have about the validity or any other matter relating to the instruction.
    11. We won’t do, or refrain from doing, anything which would, or might in our judgment, break any relevant laws, rules, regulations or codes or risk exposing us to criticism for behaving improperly or not acting in accordance with good market practice.
    12. We will not tolerate abusive or offensive behaviour towards staff members. We will not respond to any email or communication which we deem to be abusive or offensive. Any abusive or offensive behaviour towards our Customer Service Representatives will result in the call being terminated immediately.
    13. If an Agent is appointed by a Landlord, it is the sole responsibility of the Landlord to complete all due diligence required on the Agent to register their Tenants’ Deposits with The DPS.
    14. Registration with The DPS and use of the Custodial Scheme cannot be taken as indication as to the credibility of the Party.
36. Governing Law
    These Terms and Conditions are governed by and will be interpreted under the laws of England and Wales. In the event of a Dispute the English courts will have jurisdiction.
37. Contact details
    The Deposit Protection Service, The Pavilions, Bridgwater Road, Bristol, BS99 6AA. To speak to us, call: 0330 303 0030. To send us an email message, visit the ‘Contact’ section at www.depositprotection.com.

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