Travisher

Deposit Not Held In Protected Account?

3 posts in this topic

If an original tenancy started a few days before the law changed to require landlords to hold the tenant's deposit in an approved protection scheme account. And if the original agreement was for a year, is the landlord obliged to put the deposit into such an account when the subsequent yearly tenancies were agreed?

The conditions of those yearly tenancies are substantially different, i.e. notice period changed etc.. The tenancy is not renewed, so isn't it a new contract?

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If an original tenancy started a few days before the law changed to require landlords to hold the tenant's deposit in an approved protection scheme account. And if the original agreement was for a year, is the landlord obliged to put the deposit into such an account when the subsequent yearly tenancies were agreed?

The conditions of those yearly tenancies are substantially different, i.e. notice period changed etc.. The tenancy is not renewed, so isn't it a new contract?

I'm not entirely sure on this but will through in my tippen'th worth. If the contract had rolled as a statutory periodic then no but if the contract was renewed then yes. It is a new tenency albeit between the same parties and therefor comes under the law on TDS

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There is still no definitive ruling on this either way,.

It is still “one set of lawyers says this and another set of lawyers says exactly the opposite”

tim

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