4 months deposit

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    #1

    4 months deposit

    is it legal to agree a 4 months deposit?

    what are the implications?
    Tags: None
    #2
    Originally posted by TNT View Post
    is it legal to agree a 4 months deposit?
    Yes, but read this:

    Originally posted by LandlordZone
    The amount of the deposit should be a maximum of two months' rent. If the deposit is more than this amount it could in theory count as a premium and may give the tenant an automatic right to assign the lease without the landlord's consent.

    This eventuality of assignment should be precluded by the terms of the tenancy agreement anyway, but as a precaution the deposit should be kept below two months' rent.

    Comment

      #3
      According to Jeffrey, the premium thing only applies to contractual periodic tenancies.

      See this post

      Comment

        #4
        would I have any issue to use DPS with a 4 month deposit?

        thank you, clear answer

        would I have any issue to use DPS with a 4 month deposit?

        Comment

          #5
          Originally posted by westminster View Post
          According to Jeffrey, the premium thing only applies to contractual periodic tenancies.

          See this post
          ...which implies that the advice I flagged up elsewhere on this site is wrong or at best misleading, then. Can it be altered?

          (Jeffrey!?)

          Comment

            #6
            Originally posted by Ericthelobster View Post
            ...which implies that the advice I flagged up elsewhere on this site is wrong or at best misleading, then. Can it be altered?

            (Jeffrey!?)
            I've noticed that this idea about taking more than the equivalent of two months rent as deposit being illegal seems to be one of those continuing myths that never quite go away.

            See this thread (which is where that Jeffrey post came from)
            http://www.landlordzone.co.uk/forums...ad.php?t=24825

            And this one
            http://www.landlordzone.co.uk/forums...ad.php?t=25865

            Comment

              #7
              Originally posted by TNT View Post
              thank you, clear answer

              would I have any issue to use DPS with a 4 month deposit?
              I'm not aware of any limit to the deposit sum lodged with the DPS. Read their T&C in this link.

              https://www.depositprotection.com/We...9-c5a53d3540e4

              Comment

                #8
                What I posted previously is still true. I can't help old myths re-circulating!
                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

                  #9
                  Originally posted by jeffrey View Post
                  What I posted previously is still true. I can't help old myths re-circulating!
                  But as Topic Expert don't you have some clout to get incorrect legal info on this site altered (ie in http://www.landlordzone.co.uk/deposits.htm ?)

                  Comment

                    #10
                    Well, I am notifying Editor. It's up to him whether that information is to be altered!
                    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

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