Does TDS deal with disputes about pet deposits?
A “pet deposit” is a tenancy deposit within the definition contained in section 212(9) of the 2004 Act and therefore needs to be protected under a tenancy deposit scheme. We think that if it were a non-refundable fee, it would fall outside the scope of the tenancy deposit protection provisions and therefore we would not be able to deal with the dispute over its return. But if a pet deposit has been paid to a landlord for the purpose of ensuring that the house is properly cleaned at the end of the tenancy, and with a view to returning it if the house is clean, then it is a deposit that needs to be protected. We consider that a pet deposit paid mid-way through a tenancy will not amount to a replacement tenancy, as the tenancy agreement may already contain provision for the payment of an additional deposit – but the additional deposit will need to be protected.
