deposit pre-law change

[tiatia]

Hi do i have to protect the deposit, even though my AST started before April 2007 even though in the past i have used the deposit for damages which i was entitled to do so according to the pre 07 AST and the tenant did not top the deposit up. so do i still owe the tenant the deposit now the law has changed. thanks for any help. regards tiatia.

[Mrs Mug]

AST started before April 2007

Have you re-newed the tenancy agreement since the original tenancy started?
Is the property in England or Wales?
Do you live in the same property as the tenant?

[ram]

do i still owe the tenant the deposit.

1 )
You cannot steal a deposit, its a deposit for damages, etc. returned if no problems.

2) You dont have to protect deposit, but suggest you do. That way, anyone who screams and shouts saying i'm going to sue you for 3 times the amount for not protecting my deposit ( yes they do- in order to make money ) it saves you arguing that it does not have to be protected, and the resultant "come to blows" if you have a "Profesional tenant".

[tiatia]

Have you re-newed the tenancy agreement since the original tenancy started?
Is the property in England or Wales?
Do you live in the same property as the tenant?

hi, no i have not re-newed, it is classed as a rolling contract, and yes the property is in England, no i do not live in the same property, thanks.

[jeffrey]

What do you envisage by 'rolling contract': a Statutory Periodic Tenancy or something else?

[tiatia]

hi, yes a periodic tenancy, regards, tiatia.

[Snorkerz]

So long as no new contract has been agreed since April 2007 then there is no need for the deposit to be protected. This does not stop the tenant disputing any deductions you choose to make, only they would have to use the courts instead of having the alternative of the schemes arbitrators.

[westminster]

so do i still owe the tenant the deposit now the law has changed.

Legally, the deposit money belongs to the tenant and unless the T agrees that LL can make deductions, or a court decides that LL is entitled to do so, it remains the T's money and LL must return it at the end of the tenancy.

The only change in the law is that deposits held by landlords of AST tenancies which began or were renewed after April 2007 must protect the deposit with one of three approved schemes, but the underlying principle - that the deposit legally belongs to the T - has not changed.

So, yes, you owe the deposit to the T unless he agrees that you can make deductions or unless a court decides that you are entitled to make deductions.

[tiatia]

i understand that , but according to the tenant agreement i am allowed to use the deposit to fund repairs and the tenant is supposed to top the deposit back up, but the tenant has not done so. regards tiatia

[westminster]

i understand that , but according to the tenant agreement i am allowed to use the deposit to fund repairs and the tenant is supposed to top the deposit back up, but the tenant has not done so. regards tiatia

I repeat, the deposit money belongs to the tenant. Regardless of what the contract says, it does not give you carte blanche to make arbitrary deductions from the deposit.

Also, what repairs are you referring to?

[tiatia]

repairs to holes punched in walls and doors , plumber in to rehang two radiators that were hanging on by the pipes only, ciggarette burns in pvc window frames,etc etc regards tiatia

[Snorkerz]

Do you have PROOF of the condition of the property before the tenancy began? A condition report / inventory maybe?