{
  "url": "https://openlegislation.uk/draft-housing-tenancy-deposit-schemes-order-2026/note",
  "json_url": "https://openlegislation.uk/draft-housing-tenancy-deposit-schemes-order-2026/note.json",
  "legislation": "ukdsi/2026/9780348286823",
  "legislation_title": "The Housing (Tenancy Deposit Schemes) Order 2026",
  "legislation_url": "https://openlegislation.uk/draft-housing-tenancy-deposit-schemes-order-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThe Housing Act 2004 (c. 34) (“the Act”) provides for the establishment and maintenance of tenancy deposit schemes for the purpose of safeguarding tenancy deposits paid in connection with assured tenancies (see further Chapter 4 of Part 6 of, and Schedule 10 to, the Act). These include custodial schemes under which amounts equal to the tenancy deposits are held in a designated account by the scheme administrator. These provisions apply in relation to England only.\nParagraph 3 of Schedule 10 to the Act makes provision about the interest accrued on the amounts held in such a designated account. Currently, that interest may be retained by the scheme administrator, subject to any provision made in the arrangements establishing the particular tenancy deposit scheme to pay some of that interest to tenants and landlords.\nThis Order amends paragraph 3 of Schedule 10 to the Act so that arrangements establishing custodial schemes may also make provision for part of that interest to be paid to the Secretary of State.\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348286823/note",
    "retrieved_at": "2026-10-30T14:36:54.718441+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}