Damage Deposit Form for the United Kingdom

Damage Deposit Form Template for England and Wales

A Damage Deposit Form is a legal document used in England and Wales to record the details of a security deposit paid by a tenant to a landlord or letting agent. The document complies with the Housing Act 2004 and Tenant Fees Act 2019, documenting the amount paid, protection scheme details, and conditions for deductions. It serves as a formal record protecting both landlord and tenant interests, ensuring compliance with deposit protection legislation.

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What is a Damage Deposit Form?

The Damage Deposit Form is essential for residential tenancies in England and Wales where a security deposit is taken. It documents the payment, protection, and management of tenant deposits in accordance with legal requirements. This document should be used whenever a deposit is taken for a residential tenancy, ensuring compliance with the Housing Act 2004 and Tenant Fees Act 2019. The form includes crucial information about deposit amount, protection scheme details, property specifics, and conditions for deductions, providing clear documentation for all parties involved.

What sections should be included in a Damage Deposit Form?

1. Property Details: Full address and description of the property being rented

2. Deposit Amount: The specific sum being held as deposit, ensuring compliance with Tenant Fees Act 2019 caps

3. Tenant Information: Full names, contact details and other relevant information for all tenants

4. Landlord/Agent Information: Complete details of the landlord and/or managing agent

5. Deposit Protection Scheme: Details of the authorized scheme where the deposit will be protected, including scheme rules and timeframes

6. Deduction Terms: Comprehensive list of circumstances under which deductions may be made from the deposit

What sections are optional to include in a Damage Deposit Form?

1. Inventory Reference: Reference to separate inventory document, included when a detailed inventory exists

2. Special Conditions: Any specific agreements about deposit use or return, included when non-standard terms apply

3. Multiple Tenant Provisions: Special provisions for shared tenancies, including joint and several liability terms

4. Data Protection Notice: Details of how personal data will be processed, included when extensive data processing is involved

What schedules should be included in a Damage Deposit Form?

1. Schedule 1 - Inventory Checklist: Detailed list documenting the condition of the property and its contents at the start of tenancy

2. Schedule 2 - Photographic Evidence: Dated photographs showing the condition of the property and any specific items of note

3. Schedule 3 - Deposit Scheme Information: Prescribed information about the deposit protection scheme as required by law

4. Schedule 4 - Deposit Deduction Guidelines: Detailed breakdown of potential deductions and their calculation method

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Deposit Form

Sector

Banking

Cost

Free to use
Industries

Housing Act 2004: Part 6 introduced tenancy deposit protection schemes, requiring deposits to be protected in an authorized scheme within 30 days of receipt

Tenant Fees Act 2019: Caps security deposits at 5 weeks' rent (for annual rent under £50,000) or 6 weeks' rent (for annual rent of £50,000 or more) and restricts permissible tenant charges

Housing (Tenancy Deposits) (Prescribed Information) Order 2007: Specifies the exact information that must be provided to tenants regarding their deposit and its protection

Consumer Rights Act 2015: Ensures contract terms are fair and transparent, providing protection against unfair contract terms in tenancy agreements

Landlord and Tenant Act 1985: Defines the fundamental rights and responsibilities of landlords and tenants in rental agreements

Data Protection Act 2018 and UK GDPR: Governs the handling of personal information, including privacy notices and data processing requirements in rental documentation

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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