SPT (one T) changed to new AST (two Ts); deposit?

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    SPT (one T) changed to new AST (two Ts); deposit?

    I am currently on a periodic tenancy which will soon change to a 6 month AST as a friend is moving in and sharing the rent.

    Originally I as a sole tenant paid a deposit equivalent to 1 months' rent which is protected.

    Does the deposit have to be "re-protected" as there is a new AST and it will be in 2 names, not one as before?

    Many thanks

    #2
    Originally posted by Georgethesecond View Post
    Does the deposit have to be "re-protected" as there is a new AST and it will be in 2 names, not one as before?
    Yes, for both reasons (but mainly that a new letting is being created, rather than an old one becoming an SPT).
    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.
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      #3
      Yes. But strictly speaking it should first be refunded to you, then a new deposit paid (by both Ts) and protected.

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        #4
        Many thanks - I presume that, if our joint tenancy is not "re-protected", then the (original) deposit is deemed to be non-protected during the new AST?

        I hope that makes sense!

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          #5
          Many thanks - I presume that, if our joint tenancy is not "re-protected", then the (original) deposit is deemed to be non-protected during the new AST?

          I hope that makes sense!
          I would be inclined to think that no deposit applies to the 2nd letting in this instance - and therefore none needs to be protected.

          However, the landlord wouldn't be able to claim against that deposit for any 'problems' that happened during the 2nd tenancy.

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            #6
            Originally posted by Snorkerz View Post
            I would be inclined to think that no deposit applies to the 2nd letting in this instance - and therefore none needs to be protected.

            However, the landlord wouldn't be able to claim against that deposit for any 'problems' that happened during the 2nd tenancy.
            I agree. If the deposit isn't un-protected, then it would remain protected against the T's liabilities in the current tenancy only, not the new joint tenancy.

            If LL/T agree to un-protect it, then it would be returned to T.

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              #7
              P.S. Make sure there's a new inventory drawn up too!
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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                #8
                Originally posted by Paul_f View Post
                P.S. Make sure there's a new inventory drawn up too!
                While probably useful, a new inventory would be primarily of use/benefit to the landlord

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