Deposit protection question

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    Deposit protection question

    I have a new tenant. As well as Gas safety check, Electricity report, EPC I have protected the deposit, given prescribed info within 2 weeks and given a copy of the How to Rent guide. She has signed for receipt of the last 2, the 1st three were done by agents.
    It’s a one year AST. If she renews after 1 year , does the deposit just stay quietly where it is until she eventually moves out, or do I need to do anything with the deposit on renewal? Many thanks.

    #2
    If the tenancy goes periodic, then you don't need to issue any further documents (apart from the gas safety), if you get them to sign a new tenancy then you get all the information again, so better not and let the tenancy go periodic.

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      #3
      You need to check with the scheme you ended up using for specific details, what they cover, and their procedure.

      Generally speaking, with the custodial scheme you give them the money, serve the PI to the tenant (and any relevant persons), and then you can forget about it. With the insurance scheme, you need to protect again (i.e. pay the fee again) and give new PI every renewal/extension. They tend to not require a new protection for the statutory periodic tenancy that arise after a fixed term, but may require the landlord to notify at the appropriate time that a SPT have arisen.
      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
        GSC is annual, to be given after the test.

        Electric safety is 5-yearly, likewise.

        EPC just once, before first occupation. Maybe the next tenancy after renewal.

        How to Rent start of every new tenancy (statutory periodic or otherwise), unless the latest version is the verison you had previously given.
        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


          #5
          Thanks everyone. It’s just custodial with the DPS. Obviously I’ll be doing a gas safety check yearly. Interesting re letting the tenancy go periodic rather than issuing a new one to avoid having to re issue the information. I guess that means you can’t change the terms of the tenancy? Not that I plan to.

          Comment


            #6
            Originally posted by Lots on View Post
            I guess that means you can’t change the terms of the tenancy? Not that I plan to.
            In practice the only thing most landlords want to change is the rent and there are mechanisms for doing that without changing the tenancy agreement.

            Comment


              #7
              It's also possible to propose changes to other terms in the tenancy agreement within a year of it arising.
              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


                #8
                Thanks guys, those are very important points. I appreciate you taking the time to post.

                Comment

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