deposit? Does it need to be put into a scheme?

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    deposit? Does it need to be put into a scheme?

    If i am doing the rent a room scheme and i am a live in land lord in my house do i need to put the lodgers deposit into a tenancy deposit scheme? Or can i just put it into a bank account? Please help someone as i cannot find the answer anywhere,

    Thanks :-)

    #2
    Deposits have to be put in a scheme if the property is being leased using an assured shorthold tenancy agreement. As you are letting out a room and presumably other facilities in your home (which you are also occupying) are being shared with this person, he/she is a lodger for which the use of an AST does not apply. Hence no deposit needs to be registered in a scheme.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Hi

      Thankyou for getting back to me, its just that i had a few probs with my last lodger and i had to take some of her deposit off her, and now she has had a solicitor send me a letter and it states this on the bottom of it, but like you said its a lodger agreemnet not a assured shorthold tenancy agreement so i guess im ok, but i will try and get some solicitor advice its just so pricy though, do you know of anywhere else i could get advice on this?

      Many thanks

      Kate

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        #4
        The only bit of law that demands deposit protection is the 2004 Housing Act (s212 to 215).

        213(1) specifically says
        Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme
        Your lodger didn't even have a tenancy, let alone a 'shorthold tenancy'.

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          #5
          Originally posted by 6012kate View Post
          Thankyou for getting back to me, its just that i had a few probs with my last lodger and i had to take some of her deposit off her, and now she has had a solicitor send me a letter and it states this on the bottom of it, but like you said its a lodger agreemnet not a assured shorthold tenancy agreement so i guess im ok, but i will try and get some solicitor advice its just so pricy though, do you know of anywhere else i could get advice on this?
          Assuming that you are a "live in landlord in your house" (as you say) then the lodger/occupier is not an assured shorthold tenant.

          Deposit protection only applies to assured shorthold tenancies.

          You don't need to pay a solicitor to tell you this. Most likely the solicitor hired by the lodger hasn't a clue about landlord & tenant/housing law.

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