How much deposit can be taken

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    #16
    Originally posted by Newmarket View Post
    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

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      #17
      Originally posted by westminster View Post
      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.
      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).

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        #18
        Originally posted by jeffrey View Post
        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.

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          #19
          The Council might have a vestigial memory of the position under the old Rent Act 1977- when there was such a limit on deposits.
          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).

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            #20
            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??

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