Do I have to re-protect the deposit with lease renewal?

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    Do I have to re-protect the deposit with lease renewal?

    Tenants' 12 month lease is coming to an end and they'd like a further 12 months lease to run consecutively which I am happy to agree to. I carried out an inventory and protected the deposit (DPS) at the start of the tenancy.

    1) Do I have to withdraw the deposit and have it re-protected? If so, how is this best achieved?
    2) I am concerned that the inventory which was done at the beginning of the first 12 months won't be accepted by the deposit scheme, especially if I have to re-protect the deposit, for proving the condition of the property at the start of the tenancy as it's dated 12 months before the start of the second tenancy agreement. This is despite the tenants having been in continuous possession since the inventory date. Does that mean I'll have to do a new inventory or is there some clause I should include in the new agreement to address this point?

    Are there other legal implications I should consider?

    #2
    It is my understanding that for any replacement tenancy for the same LL, T and property, then you do not have to do anything with the DPS custodial scheme; it may be different with the insured scheme. Best to ask them, just in case.

    I believe that LL has to serve the How to Rent guide for a new tenancy, be it statutory periodic or a new contract.

    Regarding inventory, personally I would put in something about
    • There was a previous tenancy under an agreement dated X
    • The LL and T agree that the inventory against which loss, damage, and wear and tear is to be assessed is the inventory dated Y.
    • Wear and tear shall be assessed over the period starting with the date of the first tenancy (Z) and ending when vacant possession is provided to the LL.
    I have just done something similar when a coupe split up, one moved out and the other wanted a new tenancy and agreed that she would be responsible for all loss and damage from the original tenancy date (they jointly agreed that the deposit belonged to the remaining person).

    Comment


      #3
      Whether you need to do anything regarding deposit protection depends on the exact scheme you used. Look up on their website or contact them for more information.

      If the landlord, tenant, and property in question remains the same, and at the time of the new tenancy the deposit continued to be validly protected by the same scheme as when you last give the prescribed information, then you don't have to give the prescribed information again.
      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.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Originally posted by KTC View Post

        If the landlord, tenant, and property in question remains the same, and at the time of the new tenancy the deposit continued to be validly protected by the same scheme as when you last give the prescribed information, then you don't have to give the prescribed information again.
        That is correct for deposit PI (The Housing (Tenancy Deposits) (Prescribed Information) Order 2007), but I think that the How to Rent document (The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015) has to be served again (if it has changed)., because it is a new tenany.

        Comment


          #5
          Each deposit scheme has it's own clause as to whether or not you need to re-instate the deposit money, for DPS, you don't need to return the money to the T and then get the money back. With the TDS you do have to give back the money and get the money each time you give issue new tenancy agreement.

          May be easier if you have supplied all the relevant documentation to the tenant on the initial tenancy, then let the tenancy go periodic.

          Comment


            #6
            Originally posted by MdeB View Post
            That is correct for deposit PI (The Housing (Tenancy Deposits) (Prescribed Information) Order 2007), but I think that the How to Rent document (The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015) has to be served again (if it has changed)., because it is a new tenany.
            Yeah, the OP's question was specifically about deposit, and you had already covered How to Rent as well so I left it.
            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.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              Originally posted by KTC View Post

              Yeah, the OP's question was specifically about deposit, and you had already covered How to Rent as well so I left it.
              Fair enough.

              I was considering "Are there other legal implications I should consider?", and the term "prescribed information" is so imprecise unless one is discussing within a clear context (which you thought was one context and I thought another).

              Comment


                #8
                Originally posted by ash72 View Post
                Each deposit scheme has it's own clause as to whether or not you need to re-instate the deposit money, for DPS, you don't need to return the money to the T and then get the money back. With the TDS you do have to give back the money and get the money each time you give issue new tenancy agreement.
                That sounds nuts. Why do they write such bad legislation?
                I use the insurance based scheme.

                I noticed gas certificated need to be given on day one. Do they need to check smoke alarm again?

                Comment


                  #9
                  Originally posted by Flashback1966 View Post
                  I noticed gas certificated need to be given on day one.
                  Gas certificate needs to be given before tenant occupies and within 28 days of issue of any subsequent certificate.
                  So, if you have been behaving, then no need to provide again for replacement tenancy.

                  Comment


                    #10
                    Originally posted by ash72 View Post
                    With the TDS you do have to give back the money and get the money each time you give issue new tenancy agreement.
                    Please provide a reference for this assertion.

                    https://custodial.tenancydepositsche...ds-and-agents/ says "no action is needed" for the custodial scheme.

                    Comment


                      #11
                      Why create a new AST with a 6/12 month fixed Term? Let original AST continue as 'rolling monthly', to the benefit of both LL & T, whose circumstances can change sig over 1-2 months.
                      Too many restrictions apply to a new fixed term AST

                      Comment


                        #12
                        Originally posted by mariner View Post
                        Why create a new AST with a 6/12 month fixed Term?
                        As I am in it for the long term, I would be happy to grant a new 6-month term to a tenant I feel happy with.
                        I would try to persuade them that a periodic tenancy is easiest all round and that I am a decent guy and would let them stay indefinitely, but if they felt they needed more security then I would charge them for a new fixed term agreement.
                        I would also be amenable to letting them go before the end of the fixed term because I have no agent taking a cut (but of course I would not tell them that).

                        Comment

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