How much deposit can be taken

[camblet]

Gambit, you were jolly lucky.

The story about the carpets brought back sad memories for me after renting out my home for six months whilst I worked overseas (furnished with cream carpets)

Specified no pets: The tenant brought in cats which left me with flea's and I had to dispose of my suite. They also (apparently) rode motor bikes and parked the bikes in the lounge You can immagine the state of the carpets - totally wrecked.

Oh don't worry I've plenty of horror stories to tell too.

I'm sorry to hear it left you with fleas though. LOL

[jeffrey]

I think I've found something which may shed some light... s.15 Housing Act 1988

http://www.opsi.gov.uk/acts/acts1988...-ch1-pb3-l1g15

As a layperson, what this appears to me to say is that it is not 'illegal' to take more than 2 months deposit, but, if LL does take more, it gives the tenant the right to assign or sublet. Professional legal opinions needed!

That rule in s.15 applies only to a periodic tenancy actually created as such contractually from day1, i.e. not:
a. to a fixed-term letting; nor
b. to a statutory periodic tenancy.
So a deposit exceeding two months' rent is not treated as a premium if it's received on a fixed-term letting; and therefore T does not acquire a statutory right to assign.

[westminster]

That rule in s.15 applies only to a periodic tenancy actually created as such contractually from day1, i.e. not:
a. to a fixed-term letting; nor
b. to a statutory periodic tenancy.
So a deposit exceeding two months' rent is not treated as a premium if it's received on a fixed-term letting; and therefore T does not acquire a statutory right to assign.

Seems rather a random law - ?

Is there anything else which might account for Hackney Council et al thinking that more than two months deposit is 'illegal'? I believe it is in Scottish law, so maybe that's where it has come from.

[jeffrey]

The Council might have a vestigial memory of the position under the old Rent Act 1977- when there was such a limit on deposits.

[Newmarket]

Searching it is still rather puzzling.

As well as Hackney I have found several other councils stating that it is 'illegal to charge more than 2 months rent as deposit' eg. Oldham and Nottingham.

In addition sites such as Visitbritain, Kiwikingdom, Caterer-recruitment - Universities such as: Swansea, John Moores, Lancashire, UK92.com all state the same.

Where do they get this information from??