Deposit Protection upon statutory periodic tenancy arising?

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    #16
    Originally posted by eras View Post
    What you are describing here is a Contractual Periodic Tenancy (CPT). It arises out of what is agreed in the initial fixed term agreement.
    What is being described is not a contractual periodic tenancy, because in a contractual periodic tenancy the terms relating to ending the tenancy remain in force.

    You are falling victim to the same English/legal terminology issue, where "tenancy" has two slightly different meanings, the legal term being precise and the English term being looser.
    Most people renting a property over a long period would refer to the entirely of the let as their tenancy, and would be surprised that legally it might comprise a series of sequential individual tenancies.

    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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      #17
      Hi, sorry to be the bringer of bad news but that's not right. You do have a statutory periodic tenancy but this is not deemed to be a new tenancy by the TDS and they will not have required the landlord to deal with the deposit process again sorry. Also, in respect of the section 21 notice, provided everything else is in order then the notice will be valid.

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        #18
        Originally posted by KTC View Post
        You need to check the terms of the TDS scheme the deposit was protected under. The legalese, not the everyday article version, and see what it says exactly. And you need to find out formally in writing what happened around the time the fixed term ended. Only TDS or your landlord can tell you that.
        I've checked and the TDS confirm that there's no need to protect the deposit.

        To be fair, they are pretty clear about it in their FAQ section - https://www.tenancydepositscheme.com...ancy-periodic/

        First, they explain what they mean by a Periodic Tenancy - "If the tenant decides to stay on after the fixed-term and the landlord agrees, the Housing Act provides that it will run on a month-by-month or week-by-week basis depending on how the rent is paid. This is a periodic tenancy."

        Then they answer the question - "Does the deposit need to be re-protected when the tenancy turns periodic?

        If the deposit is held in either TDS’ Insured or Custodial scheme, the deposit is protected until the tenancy ends. As the tenancy turning periodic does not indicate the end of the tenancy, then the deposit would not need to be re-protected provided the tenant(s), landlord(s), premise, and deposit scheme all remain the same. However, there may be different rules for other tenancy deposit protection providers."

        Other than the usual combined English and legal meanings of tenancy (because the tenancy doesn't "turn" periodic) that pretty much clear it up.

        The explanation continues to say that, if a new fixed term is created and the deposit is insured, the deposit does need to be reinsured (and the PI reserved).

        Interestingly (although I'm not a TDS customer so I have no experience of this), it also appears that the need to update the system to supply a new end date or mark the tenancy as periodic for an insured deposit applies only where the deposit is protected by a letting agent. So even that seems to be essentially cosmetic.
        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).

        Comment

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