Should my deposit be covered by Tenancy Deposit Scheme

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Should my deposit be covered by Tenancy Deposit Scheme

    Hi,

    I moved into a rented property in August 2006, and signed a shorthold tenancy agreement for 6 months. I then signed new annual agreements in February 2007, February 2008 and February 2009. I paid a deposit with the initial agreement in August 2006, and this deposit has been retained since as a deposit for each subsequent agreement.

    Should this deposit be protected under the Tenancy Deposit Scheme? I am aware that the scheme was only enforcable on tenancies agreed after April 2007, but I can't find any advice as to a renewed contract counts as a new tenancy?

    Thanks in advance.
    Wary Tenant

    #2
    Hi

    Yes as you signed renewed contracts the deposit should have been protected after the feb 08 renewal

    Comment


      #3
      thanks Julles for your reply....

      Also, is it true that the Tenancy Deposit Scheme section of the Housing Act 2004 (ie. paragraphs 215) allow for tenants to withhold the last month's rent in the case where a Tenancy Deposit Scheme has not been entered into by the Agent, without the fear of eviction due to not paying the rent?

      Thanks

      Comment


        #4
        IMO I think it should have been protected, however, there is an argument that because the money was not physically paid over in 2007 or 2008 then the obligation to protect does not arise.
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

        Comment


          #5
          Originally posted by warytenant View Post
          Is it true that the Tenancy Deposit Scheme section of the Housing Act 2004 (ie. paragraphs 215) allow for tenants to withhold the last month's rent in the case where a Tenancy Deposit Scheme has not been entered into by the Agent, without the fear of eviction due to not paying the rent?
          No. Although L cannot use s.21 of the Housing Act 1988 unless/until a protectable deposit is protected, L can nevertheless use s.8; amongst the latter's grounds are three (8/10/11) dealing with rent, so L can whop T on such of them are applicable even if deposit is unprotected.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Originally posted by warytenant View Post
            thanks Julles for your reply....

            Also, is it true that the Tenancy Deposit Scheme section of the Housing Act 2004 (ie. paragraphs 215) allow for tenants to withhold the last month's rent in the case where a Tenancy Deposit Scheme has not been entered into by the Agent, without the fear of eviction due to not paying the rent?

            Thanks
            Here's S.215.

            It does not "allow" for tenants to withhold the last month's rent.

            Whilst many tenants seem to regard the deposit as in lieu of the last month's rent, that's not what it's for, and it's rarely advisable to withhold rent. You will be exposed to a claim for unpaid rent.

            Comment

            Latest Activity

            Collapse

            • Reply to Electrical Safety Certificate EICR
              by DPT57
              The presence of a plastic consumer unit cover would normally be a c3 hazard, but I understand it could be higher if there are other related risks, such as where there is older wiring or poor bonding. In the end I beleive we will either have to become electrical experts ourselves or find trustworthy...
              03-06-2020, 17:14 PM
            • Electrical Safety Certificate EICR
              by Ozzie11
              Hi

              I noticed a new law means landlords need to arrange an EICR for new tenancies after July 2020 or before April 2021.

              Please can I get some advice on this? I started a tenancy in May 2020 - this is due to expire in November 2020. However it is likely the tenancy will be renewed...
              01-06-2020, 10:42 AM
            • Reply to Can I Stay in the Property to Make Repairs?
              by jpkeates
              The guidance says that preparing a property for rent or sale is work that is allowed to be done in this phase of the lockdown.
              And staying in another property for work is allowed.

              So travelling somewhere to work and staying there overnight is fine.
              03-06-2020, 17:04 PM
            • Can I Stay in the Property to Make Repairs?
              by DJVera
              Hi all - I'm new to this so apologies if this (or similar) has been dealt with somewhere else!
              I own a property in the south west but currently live in London. I've been renting the property out privately. My last tenant moved out in January 2020 and I was planning to get quite a bit of (much needed)
              ...
              01-06-2020, 13:38 PM
            • Reply to Can I Stay in the Property to Make Repairs?
              by DPT57
              Yes, I agree about the acting reasonably and interestingly the legislation seems to allow for this too through the use of the word "include"

              For the purposes of paragraph (1), the circumstances in which a person (“P”) has a reasonable excuse include cases where....
              03-06-2020, 17:00 PM
            • Reply to My tenant lied to me
              by Uklondoner
              The rent has to be two months or more in arrears? My case the tenant owe me less than two months can still do the form?...
              03-06-2020, 16:50 PM
            • My tenant lied to me
              by Uklondoner
              My tenant lied to me saying he missed the first universal credit payment. But actually according to one of my friend the payment normally only take two weeks to come directly to the bank account. What can I do? Can I find a way to let the universal credit directly make overdue rent payment? I really...
              03-06-2020, 09:54 AM
            • Reply to My tenant lied to me
              by theartfullodger
              As a stupid landlord I take grave exception to your slur, Sir!

              Next week, amazing, unexpected, revelations that from time2time landlords lie to tenants.............. and agents from time2time lie to landlords AND tenants... and MPs & a particular special adviser seem to lie to most...
              03-06-2020, 16:22 PM
            • Reply to Access to sheds
              by DPT57
              Possibly, although I was basing my comment on this phrase in the original post:...
              03-06-2020, 16:21 PM
            • Access to sheds
              by endymion
              Hi. We have been renting a flat for the past decade under an Assured Shorthold Tenancy. The flat is one of five in a single block. The back garden contains a large outbuilding comprising ten sheds. Implicitly, then, two sheds per flat. The inventory does contain the wording 'Garages, Sheds, Outbuildings:'...
              03-06-2020, 10:09 AM
            Working...
            X