http://www.legislation.gov.uk/ukpga/2004/34/schedule/10Housing Act 2004An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.texttext/xmlenStatute Law Database2026-06-22Expert Participation2026-06-22 SCHEDULESSCHEDULE 10Provisions relating to tenancy deposit schemesSection 212<Emphasis>Schemes to be custodial schemes or insurance schemes</Emphasis>11A tenancy deposit scheme must be either—aa custodial scheme, orban insurance scheme.2A “custodial scheme”is a scheme under which—atenancy deposits in connection with shorthold tenancies assured tenancies are paid to the landlords under the tenancies,bamounts representing the deposits are then paid by the landlords into a designated account held by the scheme administrator, andcthose amounts are kept by the scheme administrator in that account until such time as, in accordance with the scheme, they fall to be paid (wholly or in part) to the landlords or tenants under the tenancies.3An “insurance scheme”is a scheme under which—atenancy deposits in connection with shorthold tenancies assured tenancies are paid to the landlords under the tenancies,bsuch deposits are retained by the landlords on the basis that, at the end of the tenancies—isuch amounts in respect of the deposits as are agreed between the tenants and the landlords will be repaid to the tenants, andiisuch amounts as the tenants request to be repaid to them and which are not so repaid will, in accordance with directions given by the scheme administrator, be paid into a designated account held by the scheme administrator,camounts paid into that account are kept by the scheme administrator in the account until such time as, in accordance with the scheme, they fall to be paid (wholly or in part) to the landlords or tenants under the tenancies,dlandlords undertake to reimburse the scheme administrator, in accordance with directions given by him, in respect of any amounts in respect of the deposits paid to the tenants by the scheme administrator (other than amounts paid to the tenants as mentioned in paragraph (c)), andeinsurance is maintained by the scheme administrator in respect of failures by landlords to comply with such directions.<Emphasis>Provisions applying to custodial and insurance schemes</Emphasis>21A custodial scheme must conform with the following provisions—paragraphs 3 to 4C, andparagraphs 9 to 10C.2An insurance scheme must conform with the following provisions—paragraphs 5 to 8, andparagraphs 9 to 10C.Custodial Schemes:general31This paragraph applies to a custodial scheme.2The scheme must provide for any landlord who receives a tenancy deposit in connection with a shorthold tenancy an assured tenancy to pay an amount equal to the deposit into a designated account held by the scheme administrator.3The designated account must not contain anything other than amounts paid into it as mentioned in sub-paragraph (2) and any interest accruing on such amounts.4Subject to sub-paragraph (5), the scheme administrator may retain any interest accruing on such amounts.5The relevant arrangements under section 212(1) may provide for any amount paid in accordance with paragraph 4 or 4C to be paid with interest -ain respect of the period during which the relevant amount has remained in the designated account, andbat such rate as the Secretary of State may specify by order.6With the exception of any interest retained in accordance with subparagaph (4), nothing contained in the designated account may be used to fund the administration of the scheme.7In this paragraph "the relevant amount", in relation to a tenancy deposit, means the amount paid into the designated account in respect of the deposit.<Emphasis>Custodial schemes: termination of tenancies</Emphasis>41A custodial scheme must make provision—afor enabling the tenant and the landlord under a shorthold tenancy an assured tenancy in connection with which a tenancy deposit is held in accordance with the scheme to apply, at any time after the tenancy has ended, for the whole or part of the relevant amount to be paid to him, andbfor such an application to be dealt with by the scheme administrator in accordance with the following provisions of this paragraph.2Sub-paragraph (3) applies where the tenant and the landlord notify the scheme administrator that they have agreed that the relevant amount should be paid—awholly to one of them, orbpartly to the one and partly to the other.3If, having received such a notification, the scheme administrator is satisfied that the tenant and the landlord have so agreed, the scheme administrator must arrange for the relevant amount to be paid, in accordance with the agreement, within the period of 10 days beginning with the date on which the notification is received by the scheme administrator.4Sub-paragraph (5) applies where the tenant or the landlord notifies the scheme administrator that—aa court has decided that the relevant amount is payable either wholly to one of them or partly to the one and partly to the other, andbthat decision has become final.4ASub-paragraph (5) also applies where the tenant or the landlord notifies the scheme administrator that a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the relevant amount is payable either wholly to one of them or partly to one and partly to the other.5If, having received a notification as mentioned in sub-paragraph (4) or (4A), the scheme administrator is satisfied as to the matters mentioned in that sub-paragraph, the scheme administrator must arrange for the relevant amount to be paid, in accordance with the decision, within the period of 10 days beginning with the date on which the notification is received by the scheme administrator.6For the purposes of this Schedule a decision becomes final—aif not appealed against, at the end of the period for bringing an appeal, orbif appealed against, at the time when the appeal (or any further appeal) is disposed of.7An appeal is disposed of—aif it is determined and the period for bringing any further appeal has ended, orbif it is abandoned or otherwise ceases to have effect.8In this paragraph “the relevant amount” has the meaning given by paragraph 3(7).<Addition ChangeId="d30p37210" CommentaryRef="c2057553">Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant</Addition>4A1The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision—a for enabling the landlord, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“ the amount claimed ”) to be paid to him; and bfor such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.2Such an application may be made if—aat least 14 days have elapsed since the day on which the tenancy ended;bthe landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;ceither sub-paragraph (3) or sub-paragraph (4) applies; anddthe landlord believes that he is entitled to be paid the amount claimed and that the amount claimed is referable to sums falling within sub-paragraph (5).3This sub-paragraph applies if the landlord has no current address for, or other means of contacting, the tenant.4This sub-paragraph applies if—athe tenant has, since the tenancy ended, received from the landlord a written notice asking whether the tenant accepts that the landlord should be paid the whole or a specified part of the relevant amount; andbthe tenant has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the landlord whether he accepts that the landlord should be paid the relevant amount or the specified part of it (as the case may be).5The amount claimed must be referable to—aan amount of unpaid rent or any other sum due under the terms of the tenancy; orba liability of the tenant to the landlord arising under or in connection with the tenancy in respect of—idamage to the premises subject to the tenancy, oriiloss of or damage to property on those premises,other than damage caused by fair wear and tear.6If sub-paragraph (4) applies and the notice specifies part of the relevant amount, the amount claimed in the application must not exceed the specified part.7The application must be accompanied by a statutory declaration made by the landlord stating—athe date on which the tenancy ended;bthat the landlord and the tenant have not reached any agreement under paragraph 4(2) with respect to the amount claimed, with details of any communications between them since that date (whether relating to the relevant amount or otherwise);cthe basis on which the amount claimed is calculated, with particulars of any facts relied on to justify claiming that amount;dif the landlord relies on the condition in sub-paragraph (3), that he has no current address for, or other means of contacting, the tenant, giving particulars of any address (other than the premises subject to the tenancy) and other contact details (including telephone numbers or e mail addresses) which the landlord has had for the tenant;eif the landlord relies on the condition in sub-paragraph (4), that the condition is met, with particulars of the facts relied on to demonstrate that it is met and attaching a copy of the notice given to the tenant;fany information he has as to the whereabouts of the tenant;gthat he gives his consent, in the event of the tenant disputing that the landlord should be paid the amount claimed, for the dispute to be resolved through the use of the dispute resolution service;hthat he considers that he is entitled to be paid the amount claimed; andi that he makes the statutory declaration knowing that if he knowingly and wilfully makes a false declaration he may be liable to prosecution under the Perjury Act 1911. 4B1The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision—a for enabling the tenant, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“ the amount claimed ”) to be paid to him; and bfor such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.2Such an application may be made if—aat least 14 days have elapsed since the day on which the tenancy ended;bthe landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;ceither sub-paragraph (3) or sub-paragraph (4) applies; anddthe tenant believes that he is entitled to be paid the amount claimed.3This sub-paragraph applies if the tenant has no current address for, or other means of contacting, the landlord.4This sub-paragraph applies if—athe landlord has, since the tenancy ended, received from the tenant a written notice asking whether the landlord accepts that the tenant should be paid the whole or a specified part of the relevant amount; andbthe landlord has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the tenant whether he accepts that the tenant should be paid the relevant amount or the specified part of it (as the case may be).5If sub-paragraph (4) applies and the notice specifies part of the relevant amount, the amount claimed in the application must not exceed the specified part.6The application must be accompanied by a statutory declaration made by the tenant stating—athe date on which the tenancy ended;bthat the landlord and the tenant have not reached any agreement under paragraph 4(2) with respect to the amount claimed, with details of any communications between them since that date (whether relating to the relevant amount or otherwise);cif the tenant relies on the condition in sub-paragraph (3), that he has no current address for, or other means of contacting, the landlord, giving particulars of any address and other contact details (including telephone numbers or e mail addresses) which the tenant has had for the landlord;dif the tenant relies on the condition in sub-paragraph (4), that the condition is met, with particulars of the facts relied on to demonstrate that it is met and attaching a copy of the notice given to the landlord;eany information he has as to the whereabouts of the landlord;fthat he gives his consent, in the event of the landlord disputing that the tenant should be paid the amount claimed, for the dispute to be resolved through the use of the dispute resolution service;gthat he considers that he is entitled to be paid the amount claimed; andh that he makes the statutory declaration knowing that if he knowingly and wilfully makes a false declaration he may be liable to prosecution under the Perjury Act 1911. 4C1Immediately upon receipt of—aa duly completed application from the landlord, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4A(7), orba duly completed application from the tenant, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4B(6),the scheme administrator must give to the tenant or, as the case may be, the landlord (“the other party”) a copy of the application and accompanying statutory declaration and a notice under sub-paragraph (2).2A notice under this sub-paragraph is a notice—aasking the other party to indicate—iwhether he accepts that the applicant should be paid the whole or part of the amount claimed;iiif he accepts that part of the amount claimed should be paid, the amount he accepts should be paid; andiiiif he does not accept that the applicant should be paid the whole of the amount claimed, whether he consents to the dispute being resolved through the use of the dispute resolution service; andbwarning the other party that—ithe amount claimed will be paid to the applicant unless, within the relevant period, the other party informs the scheme administrator that he does not accept that the whole of the amount claimed should be paid to the applicant; andiiif the other party responds to the scheme administrator informing him that he does not accept that the whole of the amount claimed should be paid to the applicant, but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service.3If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that the amount claimed should be paid to the applicant—athe application must be granted; andbthe scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day on which the scheme administrator receives that response.4If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid any of the amount claimed—athe application must be refused;bthe scheme administrator must not pay the amount claimed to either party except in accordance with the relevant provisions of paragraph 4; andcthe scheme administrator must inform the applicant of the other party's response to the questions asked in the notice under sub-paragraph (2).5If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that part of the amount claimed should be paid to the applicant—asub-paragraph (3) applies in relation to that part of the amount claimed; andbsub-paragraph (4) applies to so much of the application as relates to the rest of the amount claimed.6If the scheme administrator does not, within the relevant period, receive a response from the other party indicating whether he accepts that the whole or part of the amount claimed should be paid to the applicant, the scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day after the last day of the relevant period.7If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid the whole of the amount claimed but the other party fails within that period to indicate whether he consents to the dispute being resolved through the use of the dispute resolution service—athe other party is to be treated as having given his consent to the use of that service; andbthe scheme administrator must inform the applicant that such consent is treated as having been given.8 In this paragraph “ the relevant period ”, in relation to the application, means the period of 14 days beginning with the day on which the notice mentioned in sub-paragraph (2) is received by the other party. <Emphasis>Insurance schemes: general</Emphasis>51This paragraph applies to an insurance scheme.1AThe scheme must make provision as to the requirements that fall to be complied with by the landlord or by the scheme administrator where—aa landlord wishes to retain a tenancy deposit under the scheme; orba landlord retaining a tenancy deposit under the scheme (in relation to a tenancy that has not terminated) gives notice to the scheme administrator that he no longer wishes to retain the deposit under that scheme.2The scheme must provide that any landlord by whom a tenancy deposit is retained under the scheme must give the scheme administrator an undertaking that, if the scheme administrator directs the landlord to pay him any amount in respect of the deposit in accordance with paragraph 6(3) or (7), the landlord will comply with such a direction.3The scheme must require the scheme administrator to effect, and maintain in force, adequate insurance in respect of failures by landlords by whom tenancy deposits are retained under the scheme to comply with such directions as are mentioned in sub-paragraph (2).3AThe scheme may make provision enabling the scheme administrator to determine that, by virtue of the landlord's failure to comply with a relevant obligation, a tenancy deposit which has previously been retained by a landlord under the scheme (and which relates to a tenancy which has not ended) is to cease to be retained under the scheme.3BProvision under sub-paragraph (3A) must require the scheme administrator, before making a determination, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.4If the scheme provides for landlords participating in the scheme to be members of the scheme, the scheme may provide for a landlord’s membership to be terminated by the scheme administrator in the event of any failure by the landlord to comply with a relevant obligation.4AProvision made under sub-paragraph (4) must require the scheme administrator, before determining that the landlord's membership be terminated, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.4BOn the termination of a landlord's membership under sub-paragraph (4)—aany tenancy deposits previously retained by the landlord under the scheme (in relation to tenancies which had not ended before the termination) cease to be retained under the scheme; butbthe scheme continues to apply to a tenancy deposit retained by the landlord under the scheme in relation to a tenancy which ended before the termination as if the landlord were still a member.5The scheme may provide for landlords participating in the scheme to pay to the scheme administrator—afees in respect of the administration of the scheme, andbcontributions in respect of the cost of the insurance referred to in sub-paragraph (3).6Paragraph 5A makes further provision in relation to the procedure to be followed after a notice of the kind mentioned in sub-paragraph (1A)(b), (3B) or (4A) has been given in accordance with the scheme.7 In this paragraph “ relevant obligation ” means— athe duty to comply with a direction mentioned in sub-paragraph (2); orbany obligation under the scheme which is specified in the scheme as a relevant obligation for the purposes of this paragraph.<Addition ChangeId="d30p37853" CommentaryRef="c2057575">Requirements where deposit is to cease to be retained under an insurance scheme</Addition>5A1This paragraph applies in relation to—aa notice of the kind mentioned in paragraph 5(1A)(b) or (3B), orba notice from the scheme administrator stating that he proposes to terminate a landlord's membership of the scheme under paragraph 5(4),given in accordance with an insurance scheme.2The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(1A)(b) which has not been not withdrawn—ato determine the date on which the tenancy deposit is to cease to be retained under the scheme; andbto give a notice under sub-paragraph (4) to the landlord and to the tenant.3The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(3B), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received—ato determine whether the deposit should cease to be retained under the scheme and, if so, the date on which it is to cease to be so retained;bif the determination is that the deposit should continue to be retained under the scheme, to give a notice of the determination to the landlord;cif the determination is that the deposit should cease to be so retained, to give a notice under sub-paragraph (4) to the landlord and to the tenant.4A notice under this sub-paragraph is a notice—aidentifying the tenancy deposit in question;binforming the recipients of the notice of the determination made by the scheme administrator and stating the date when the deposit ceases to be retained under the scheme; andcgiving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to the deposit (including in particular the effect of section 213 as modified by sub-paragraph (9)).5The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in sub-paragraph (1)(b), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received—ato determine whether to terminate the landlord's membership and, if so, the date on which his membership is to terminate;bif the determination is that the landlord should continue as a member, to give a notice of the determination to the landlord; andcif the determination is that the membership should be terminated, to give a notice under sub-paragraph (6) to the landlord and to the tenant under any tenancy in relation to which a deposit affected by the determination is retained under the scheme.6A notice under this sub-paragraph is a notice—ainforming the recipients of the notice of the determination by the scheme administrator that the landlord's membership of the scheme is to be terminated and stating the date on which his membership terminates;bgiving a general explanation of the effect of the termination on any tenancy deposits retained by the landlord under the scheme; andcgiving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to any tenancy deposits that cease to be retained under the scheme as a result of the termination of membership (including in particular the effect of section 213 as modified by sub-paragraph (9)).7The date determined under sub-paragraph (2)(a), (3)(a) or (5)(a) must not be within the period of three months beginning with the day on which the original notice mentioned in sub-paragraph (1) was received.8A notice under sub-paragraph (4) or (6) must be given at least two months before the date on which the deposit ceases to be retained under the scheme or the landlord's membership terminates (as the case may be).9In the application of section 213 to a tenancy deposit which ceases to be retained under an insurance scheme (“the old scheme”) by virtue of a determination mentioned in this paragraph—areferences to receiving the deposit include a reference to ceasing to retain it under the terms of the old scheme;bsubsection (3) has effect as if for the words “within the period of 30 days beginning with the date on which it is received” there were substituted before the deposit ceases to be retained under the old scheme; andcsubsection (6)(b) has effect as if the reference to the date on which the landlord receives the deposit were a reference to the date on which the deposit ceases to be retained under the old scheme.<Emphasis>Insurance schemes: termination of tenancies</Emphasis>61An insurance scheme must make provision in accordance with this paragraph and paragraphs 6A to 8 in relation to the respective obligations of the landlord and the scheme administrator where—aa tenancy deposit has been retained by the landlord under the scheme, andbthe tenancy has ended.2Sub-paragraphs (3) to (9) apply where the tenant notifies the scheme administrator that—athe tenant has requested the landlord to repay to him the whole or any part of the deposit, andbthe amount in question (“the outstanding amount”) has not been repaid to him within the period of 10 days beginning with the date on which the request was made.2AWhen a tenant gives notice under sub-paragraph (2) he must also indicate whether he consents to any dispute as to the amount to be repaid to him being resolved through the use of the dispute resolution service.3On receiving a notification in accordance with sub-paragraph (2), the scheme administrator must direct the landlord—ato pay an amount equal to the outstanding amount into a designated account held by the scheme administrator, andbto do so within the period of 10 days beginning with the date on which the direction is received by the landlord.4The following sub-paragraphs apply where the tenant or the landlord notifies the scheme administrator—athat a court has decided that the outstanding amount is payable either wholly to one of them or partly to the one and partly to the other and the decision has become final (see paragraph 4(6) and (7)), . . . bthat the tenant and landlord have agreed that such an amount is to be paid either wholly to one of them or partly to the one and partly to the other. orcthat a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the outstanding amount is payable either wholly to one of them or partly to one and partly to the other.5If the scheme administrator is satisfied as to the matters mentioned in sub-paragraph (4)(a) , (b) or (c)(as the case may be), he must—apay to the tenant any amount due to him in accordance with the decision or agreement (and, to the extent possible, pay that amount out of any amount held by him by virtue of sub-paragraph (3)), andbcomply with sub-paragraph (6) or (7), as the case may be.6Where any amount held by the scheme administrator by virtue of sub-paragraph (3) is more than any amount due to the tenant in accordance with the decision or agreement, the scheme administrator must pay the balance to the landlord.7Where any amount so held by the scheme administrator is less than any amount so due to the tenant, the scheme administrator must direct the landlord to pay him the difference within the period of 10 days beginning with the date on which the direction is received by the landlord.8The scheme administrator must pay any amounts required to be paid to the tenant or the landlord as mentioned in sub-paragraph (5)(a) or (6) within 10 days beginning with the date on which the notification is received by the scheme administrator.9The landlord must comply with any direction given in accordance with sub-paragraph (3) or (7).<Emphasis><Addition ChangeId="d30p38188" CommentaryRef="c2057592">Notice to be sent to landlord when a direction under paragraph 6(3) is given</Addition></Emphasis>6A1This paragraph applies where the scheme administrator of an insurance scheme gives a direction under paragraph 6(3) to a landlord.2The scheme administrator must also send to the landlord a notice—aasking the landlord to indicate—iwhether he accepts that the tenant should be repaid the whole or part of the outstanding amount;iiif he accepts that part of it should be repaid, the amount he accepts should be repaid; andiiiif he does not accept that the tenant should be repaid the whole of the outstanding amount, whether he consents to the dispute being resolved through the use of the dispute resolution service; andbwarning the landlord that if he does not accept that the tenant should be repaid the whole of the outstanding amount but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of that service.3If the scheme administrator does not, within the relevant period, receive a response from the landlord indicating whether he accepts that the whole or part of the outstanding amount should be paid to the tenant—athe scheme administrator must treat the lack of a response as an indication that the landlord does not accept that the tenant should be repaid any of the outstanding amount;bthe scheme administrator must determine forthwith whether he is satisfied that the notice was received by the landlord;cif the scheme administrator determines that he is satisfied that it was so received, the landlord is to be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service; anddthe scheme administrator must inform the tenant and the landlord whether or not such consent is to be treated as having been given.4If within the relevant period the scheme administrator receives a response to the notice under sub-paragraph (2) to the effect that the landlord does not accept that the tenant should be repaid the whole of the outstanding amount but the landlord fails within that period to indicate whether he consents to the dispute being resolved through the dispute resolution service—athe landlord is to be treated as having given his consent for the dispute to be resolved through the use of that service; andbthe scheme administrator must inform the tenant and the landlord that such consent is to be treated as given.5In this paragraph— “ the outstanding amount ” has the same meaning as in paragraph 6; “ the relevant period ” means the period of 10 working days beginning with the day after that on which the notice referred to in sub-paragraph (2) is sent; and “working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and any day which, under the Banking and Financial Dealings Act 1971 , is a bank holiday in England and Wales. <Addition ChangeId="d30p38317" CommentaryRef="c2057623">Insurance schemes – supplementary provisions</Addition> 7 1The designated account held by the scheme administrator must not contain anything other than amounts paid into it as mentioned in paragraph 6(3) and any interest accruing on such amounts.2Subject to sub-paragraph (3), the scheme administrator may retain any interest accruing on such amounts.3The relevant arrangements under section 212(1) may provide for any amount paid in accordance with paragraph 6(5)(a) or (6) to be paid with interest—ain respect of the period during which the relevant amount has remained in the designated account, andbat such rate as the Secretary of State may specify for the purposes of paragraph 3(5)(b).4With the exception of any interest retained in accordance with sub-paragraph (2), nothing contained in the designated account may be used to fund the administration of the scheme.5 In this paragraph “ the relevant amount ”, in relation to a tenancy deposit, means the amount, in respect of the deposit, paid into the designated account by virtue of a direction given in accordance with paragraph 6(3). 8 1The scheme must make provision for preventing double recovery by a tenant in respect of the whole or part of the deposit, and may in that connection make provision—afor excluding or modifying any requirement imposed by the scheme in accordance with paragraph 6 or 7, andbfor requiring the repayment of amounts paid to the tenant by the scheme administrator.2 In this paragraph “ double recovery ”, in relation to an amount of a tenancy deposit, means recovering that amount both from the scheme administrator and from the landlord. <Emphasis>Notifications to tenants</Emphasis>91Every custodial scheme or insurance scheme must provide for the scheme administrator to respond as soon as is practicable to any request within sub-paragraph (2) made by the tenant under a shorthold tenancy an assured tenancy.2A request is within this sub-paragraph if it is a request by the tenant to receive confirmation that a deposit paid in connection with the tenancy is being held in accordance with the scheme.<Emphasis>Dispute resolution procedures</Emphasis>101Every custodial scheme or insurance scheme must provide for facilities to be available for enabling disputes relating to tenancy deposits subject to the scheme to be resolved without recourse to litigation.2The scheme must not, however, make the use of such facilities compulsory in the event of such a dispute.3The provision made under this paragraph may confer power on a person acting as an adjudicator in relation to such a dispute to decline to proceed, or continue to proceed, with the case.4 In this Schedule, in relation to a custodial scheme or an insurance scheme, “ the dispute resolution service ” means the facilities provided by the scheme in accordance with this paragraph. <Addition ChangeId="d30p38472" CommentaryRef="c2057608">Service of documents: general</Addition>10AA tenancy deposit scheme may make provision as to the methods which may be used for giving or sending any direction, notice or other document which falls to be given or sent under the scheme.<Addition ChangeId="d30p38472" CommentaryRef="c2057608">Service of documents by scheme administrator on landlords</Addition>10B1The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any direction, notice or other document mentioned in this Schedule which is to be given or sent to a landlord by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the landlord at the address last provided by him to the scheme administrator as the postal address to which correspondence may be sent.2Sub-paragraph (1) does not apply to the notice mentioned in paragraph 6A(2).3Provision made under sub-paragraph (1) may require the scheme administrator—ato send a document to an address other than that mentioned in that sub-paragraph; orbto use or attempt to use any other available means of communication,before sending a document which is to be treated as having been received as mentioned in that sub-paragraph.<P><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">Service of documents by scheme administrator on tenants</Addition></Text></P><P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C" RestrictStartDate="2007-04-06" id="schedule-10-paragraph-10C"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">10C</Addition></Pnumber><P1para><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/1" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/1" id="schedule-10-paragraph-10C-1"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">1</Addition></Pnumber><P2para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any notice or other document mentioned in this Schedule which is to be given or sent to a tenant by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the tenant at the proper address.</Addition></Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/2" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/2" id="schedule-10-paragraph-10C-2"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">2</Addition></Pnumber><P2para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">In the case of a notice mentioned in paragraph 4C(2), the proper address is—</Addition></Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/2/a" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/2/a" id="schedule-10-paragraph-10C-2-a"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">a</Addition></Pnumber><P3para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">the address (if any) last provided to the scheme administrator as the address to which correspondence may be sent; or</Addition></Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/2/b" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/2/b" id="schedule-10-paragraph-10C-2-b"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">b</Addition></Pnumber><P3para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">if no such address has been provided, the address given in the landlord's statutory declaration as the tenant's last known address or, if the scheme administrator has a more recent address for the tenant, that address.</Addition></Text></P3para></P3></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/3" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/3" id="schedule-10-paragraph-10C-3"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">3</Addition></Pnumber><P2para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">In the case of a notice of the kind mentioned in paragraph 5A(4) or (6), the proper address is the address of the premises subject to the tenancy in question.</Addition></Text></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/4" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/4" id="schedule-10-paragraph-10C-4"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">4</Addition></Pnumber><P2para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">Provision made under sub-paragraph (1) may require the scheme administrator—</Addition></Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/4/a" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/4/a" id="schedule-10-paragraph-10C-4-a"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">a</Addition></Pnumber><P3para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">to send a document to an address other than the proper address, or</Addition></Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/paragraph/10C/4/b" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/paragraph/10C/4/b" id="schedule-10-paragraph-10C-4-b"><Pnumber><Addition ChangeId="d30p38472" CommentaryRef="c2057608">b</Addition></Pnumber><P3para><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">to use or attempt to use any other available means of communication,</Addition></Text></P3para></P3><Text><Addition ChangeId="d30p38472" CommentaryRef="c2057608">before sending a document which is to be treated as having been received as mentioned in that sub-paragraph</Addition></Text></P2para></P2></P1para></P1></Pblock><Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2004/34/schedule/10/crossheading/power-to-amend" IdURI="http://www.legislation.gov.uk/id/ukpga/2004/34/schedule/10/crossheading/power-to-amend" NumberOfProvisions="1" id="schedule-10-crossheading-power-to-amend" RestrictStartDate="2022-12-01"><Title><Emphasis>Power to amend</Emphasis>11The Secretary of State may by order make such amendments of this Schedule as it considers appropriate.<Emphasis>Interpretation</Emphasis>12In this Schedule references to tenants under shorthold tenancies assured tenancies include references to persons who, in accordance with arrangements made with such tenants, have paid tenancy deposits on behalf of the tenants.Sch. 10 para. 1 wholly in force at 6.4.2007; Sch. 10 para. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 1 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 1 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 2 wholly in force at 6.4.2007; Sch. 10 para. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 2 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 2 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Words in Sch. 10 para. 2(1) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 10(a)Words in Sch. 10 para. 2(1) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 10(a)Words in Sch. 10 para. 2(2) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 10(b)Sch. 10 para. 3. wholly in force at 6.4.2007; Sch. 10 para. 3. in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 10 para. 3. in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 3. in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Words in Sch. 10 para. 3(5) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 11Sch. 10 para. 4 wholly in force at 6.4.2007; Sch. 10 para. 4 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 4 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 4 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 4(4A) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 3(2)Words in Sch. 10 para. 4(5) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 3(3)Words in Sch. 10 para. 4(5) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 3(3)1911 c. 61911 c. 6Sch. 10 para. 5 wholly in force at 6.4.2007; Sch. 10 para. 5 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 5 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 5 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 5(1A) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 4(2)Sch. 10 para. 5(3A)(3B) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 4(3)Words in Sch. 10 para. 5(4) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796),{art. 4(4)}Sch. 10 para. 5(4A)(4B) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 4(5)Sch. 10 para. 5(6)(7) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 4(6)Sch. 10 para. 6 wholly in force at 6.4.2007; Sch. 10 para. 6 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 6 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 6 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Words in Sch. 10 para. 6(1) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 6(2)Sch. 10 para. 6(2A) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 6(3)Word in Sch. 10 para. 6(4) omitted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 6(4)(a)Sch. 10 para. 6(4)(c) and preceding word inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 6(4)(b)Words in Sch. 10 para. 6(5) substituted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 6(5)1971 c 80.The insertion of the new heading "Insurance schemes - supplementary provisions" in Sch. 10 on 6.4.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.Sch. 10 para. 7 wholly in force at 6.4.2007; Sch. 10 para. 7 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 7 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 7 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)The insertion of the new heading "Insurance schemes - supplementary provisions" in Sch. 10 on 6.4.2007 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.Sch. 10 para. 8 wholly in force at 6.4.2007; Sch. 10 para. 8 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 8 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 8 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 9 wholly in force at 6.4.2007; Sch. 10 para. 9 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 9 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 9 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 10 wholly in force at 6.4.2007; Sch. 10 para. 10 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 10 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 10 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 10(3)(4) inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 8Sch. 10 para. 11 wholly in force at 6.4.2007; Sch. 10 para. 11 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 10 para. 11 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 11 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 12 wholly in force at 6.4.2007; Sch. 10 para. 12 not in force at Royal Assent see s. 270(4)(5); Sch. 10 para. 12 in force for W. at 6.4.2007 by S.I. 2007/305, art. 2; Sch. 10 para. 12 in force for E. at 6.4.2007 by S.I. 2007/1068, art. 2(a)Sch. 10 para. 4A-4C and preceding cross-heading inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 3(4) Sch. 10 para. 5A and preceding cross-heading inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796) , art. 5 Sch. 10 para. 6A and preceding cross-heading inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796) {art. 7}Cross-heading preceding Sch. 10 para. 7 inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 12Sch. 10 paras. 10A-10C and cross-headings inserted (6.4.2007) by The Housing (Tenancy Deposit Schemes) Order 2007 (S.I. 2007/796), art. 9Word in Sch. 10 para. 5A(9)(b) substituted (6.4.2012) by Localism Act 2011 (c. 20), ss. 184(14), 240(2); S.I. 2012/628, art. 8(c) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)Words in Sch. 10 substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(9) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)Words in Sch. 10 substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 26(9)(b), 145(1)(8) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 11, 16, 17); S.I. 2026/421, reg. 2(a)Words in Sch. 10 substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), ss. 26(9)(a), 145(1)(8) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 11, 16, 17); S.I. 2026/421, reg. 2(a)