6 year deposit claim

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  • 6 year deposit claim

    Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.

  • #2
    6 years and 30 days since it was received.
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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    • #3
      Hi, thanks for that. The deposit is and always has been protected but I unfortunately did not re-protect it when one tenant left the property, so I presume the deposit became technically unprotected when the tenancy changed from joint tenants to a single tenant.

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      • #4
        Did you begin a new tenancy with the single tenant, or do you still have a joint tenancy with one of the joint tenants no longer resident.

        The answer given (6 years and 30 days from receipt is correct now, but is not correct for tenancies that began before 2012).
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        • #5
          Hi, I began a new tenancy with a single tenant. The tenancy changed to a single tenant in July 2012.

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          • #6
            The original tenancy from when the deposit was taken was July 2009

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            • #7
              Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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              • #8
                As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.

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