Fixed term come to an end and creating a new tenancy,deposit with DPS

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    Fixed term come to an end and creating a new tenancy,deposit with DPS

    Hi, tenancy in England, AST that has gone to periodic but tenant wants to put partner on contract, so new tenancy required or addendum? Either way have searched on the dps site and cannot find the answer. Do I need to re-protect the deposit? If so is it case of paying it back to the tenant or just move it within the DPS scheme? The extra person on the tenant has no interest in the deposit ie they did not pay it in the first instance.

    Thanks

    #2
    A new tenancy with a different "tenant" is not a replacement tenancy, which mean you wouldn't be able to rely on deemed compliance. You need to go through the process again with protection and serving of PI, even if no actual money changes hand. Contact DPS to see how they want to do 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.

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      #3
      Ok thanks KTC will treat as new then.

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        #4
        Also get agreement from the current tenant, in writing and signed, that he wants you to use the existing deposit for the new tenancy.

        If this is the custodial scheme, then I believe you need to get the T to authorise the whole deposit to be paid to you.

        When I have done in similar situations in the past is:
        1. state exactly what T and LL will do, in the agreement (including T will authorise DPS to return entire deposit to LL within X days; LL will then protect the deposit for the new tenancy; deposit to be deemed received by LL when DPS has refunded it)
        2. In the new tenancy agreement
          1. state that the deposit (or $x of the deposit) is to be transferred from previous tenancy.
          2. State that the (original) inventory and schedule of condition dated xx/yy/zzzz applies to this tenancy, with the original start date being used to determine fair wear and tear.

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