Is there any legislation stating how many weeks/months deposit can be taken on a property?
How much deposit can be taken
Collapse
X
-
I'm just reading HOUSING ACT 2004 - SECTION 214-217: SCHEDULE 10
TENANCY DEPOSIT SCHEMES.
Because as I now understand it the act has 'omitted' to mention who should be responsible for paying for the scheme and as a result of this, this is why my agents feels that he can pass the expense on to me, the prospective tenant.
During reading this 23 page document (I am very nosy) I have come accross a section that reads, and I quote: 'It is common practice for landlords to requre a deposit (usually equivalent to one month's rent (but no more than 2 months rent)'.
I just wanted clarification if this is just a comment in the document or rather if it is legislation not to take more than 2 months deposit?
Comment
-
Originally posted by Newmarket View Post
During reading this 23 page document (I am very nosy) I have come accross a section that reads, and I quote: 'It is common practice for landlords to requre a deposit (usually equivalent to one month's rent (but no more than 2 months rent)'.
I just wanted clarification if this is just a comment in the document or rather if it is legislation not to take more than 2 months deposit?
http://www.opsi.gov.uk/ACTS/acts2004..._en_19#pt6-ch4
Comment
-
Originally posted by Newmarket View PostThanks, I am just trying to clarify the situation.
Upon doing a general internet search, lots of local Government Authorities say that you should not be asked for more than 2 moths deposit. Hackney actually state that it is ILLEGAL. It is in Scotland.
If so, be aware that all the advice you've had so far applies to England & Wales only. The law is different in Scotland. For a start, deposit protection doesn't apply in Scotland.
Comment
-
No. I am not in Scotland. I have just found reference to Scotish Law.
Upon continuing searching there are several comments to it being illegal in England to ask for more than2 months deposit.
Check out Advicekit.info/advice - section housing/deposts. (sorry can't figure out how to do links) and tell me what you think. Perhaps I should email them and ask for the relevant section of law?
Comment
-
Here's the link: Advicekit (site owned by Manchester City Council):
"Most landlords charge a deposit that is the equivalent of one month's rent. It is illegal for a landlord to charge more than the equivalent of two month's rent."
Which I would say is incorrect, for AST's in England or Wales.
Note that at the base of the page it states:
"Information Provider: Manchester Advice
Date Written: 18/9/08
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions."
Better: to take the correct legal advice, instead of looking for random links on the internet (a lot of info. is inaccurate).The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .
Comment
-
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!
Comment
-
Originally posted by westminster View PostI 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!Health Warning
I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.
All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.
Comment
-
I wasn't looking at Scotish Law, my search just took me there initially.
With ref to Section 15: 4(c) Housing Act - Does this mean that if my tenancy is 6 months and landlord give me appropriate notice that he wan't the property back at the end of the term but, a week before I am due to leave I am able to legally assign the property to another on a AST for 6/12 months?
Comment
-
camblet
Originally posted by Newmarket View PostIs there any legislation stating how many weeks/months deposit can be taken on a property?
Comment
-
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 loungeYou can immagine the state of the carpets - totally wrecked.
Comment
Latest Activity
Collapse
-
by boletusWho has suggested it to you?...
-
Channel: Residential Letting Questions
25-05-2022, 22:18 PM -
-
by ash72I would do nothing on the paperwork side, as you have nothing to gain (since she does not officially work), up the rent to compensate for the additional wear and tear.
-
Channel: Residential Letting Questions
25-05-2022, 21:33 PM -
-
For the last 6 years I have owned a residential property which I have let. The current tenant - a single Dad - has been occupying the house for the last three and a half years and is on an SPT. He has been a very good tenant. However, at a recent Inspection, I discovered that now he has a partner...
-
Channel: Residential Letting Questions
25-05-2022, 18:03 PM -
-
by KTCBut that's not the answer though. There's nothing stopping the scheme from continuing to provide valid protection on replacement tenancies. In practice, custodial schemes does that but insurance schemes doesn't.... EXCEPT they do for statutory periodic tenancies that arise after a fixed term so long...
-
Channel: Residential Letting Questions
25-05-2022, 21:30 PM -
-
by erasHi everyone,
This is my first post on the forum and it relates to deposit protection upon a statutory periodic tenancy arising after the expirty of a fixed term AST.
BACKGROUND
I entered into an 12 month fixed term AST in 2020. The dates on which the fixed term...-
Channel: Residential Letting Questions
23-05-2022, 17:04 PM -
-
by KTCWe know the difference, and theartfullodger is also correct. Section 5(3)(e) states "subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for...
-
Channel: Residential Letting Questions
25-05-2022, 21:25 PM -
-
by junglerowerI was a bit surprised by this, myself, and that these people agree to go into temporary accommodation, but this has only recently surfaced. DW won't give a finish date but are very keen to sell. I thought I can help out the current owner, but by the looks of things, I cannot do this....
-
Channel: Residential Letting Questions
25-05-2022, 20:40 PM -
-
by junglerowerHi, I have exchanged contracts on a house which I will buy with a buy-to-let mortgage.
The current owner has bought a new house of David Wilson's homes and they have taken his old house in exchange, which I now bought via them.
His new house is not yet finished, so he has to move somewhere...-
Channel: Residential Letting Questions
24-05-2022, 16:17 PM -
-
by erasHi KTC,
You nailed it. You managed to frame in one paragraph something that took me 10 minutes to explain to TDS.
The Question: "When a tenancy agreement comes to an end at the expiry of the fixed term and a new statitory periodic tenancy arises, do I need to re-register/re-protect...-
Channel: Residential Letting Questions
25-05-2022, 20:38 PM -
-
by Hudson01This sounds dodgy, he clearly is aware of what you can do if he goes out for the day, i think you will need to consider a forceful removal..... but that is an area i am unfamilar with (from a civil point of view anyway). I would be looking at separate legal advice on how you can remove him if he never...
-
Channel: Residential Letting Questions
25-05-2022, 20:28 PM -
Comment