Jump to content


Photo
- - - - -

Deposit Not Held In Protected Account?


  • Please log in to reply
2 replies to this topic

#1 Travisher

Travisher

    HPC Poster

  • Members
  • PipPip
  • 254 posts

Posted 15 December 2011 - 03:18 PM

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?

#2 zebbedee

zebbedee

    HPC Veteran

  • New Members
  • PipPipPipPip
  • 1,604 posts

Posted 15 December 2011 - 06:00 PM

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
As I wandered in the darkness a voice came unto me, it said "smile, be happy, things could get worse". So I smiled and was happy and behold, things did get worse.

"Credit is indeed vital to an economy, but it does not constitute an economy within itself. ... When businesses borrow to fund capital investments, the extra cash flows that result are used to repay the loans. When individuals borrow to spend, loans can only be repaid out of reduced future consumption."-Peter Schiff, Jan 19 2009; <a href="http://www.321gold.c...iff011909.html" My link

"The bold effort the present bank had made to control the government... are but premonitions of the fate that await the American people should they be deluded into a perpetuation of this institution or the establishment of another like it."-Andrew Jackson on the Second Bank of the United States

"The problem with socialism is that eventually you run out of other people's money."-Margaret Thatcher

"If tyranny and oppression come to this land, it will be in the guise of fighting a foreign enemy. Of all the enemies to public liberty, war is perhaps the most to be dreaded because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad." - James Madison

"Faced with the choice between changing one's mind and proving that there is no need to do so, almost everyone gets busy on the proof."
John Kenneth Galbraith

#3 tim123

tim123

    HPC Senior Veteran

  • New Members
  • PipPipPipPipPip
  • 3,739 posts
  • Location:hants

Posted 18 December 2011 - 01:14 PM

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




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users