Tenancy Deposit Schemes - continuation tenancies

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    Tenancy Deposit Schemes - continuation tenancies

    If a deposit is taken before 6 April 2007, it will not need to be protected by a scheme such as The DPS. However, as an existing tenancy is renewed and a landlord agrees a new fixed-term tenancy, the initial deposit taken must then be lodged with a tenancy deposit protection scheme.
    If the tenancy continues as a periodic one it is clear the deposit taken at the start of the tenancy comes outside the scope of the Act.

    I've answered my question in the quote.

    Sorry I can't delete the thread!!!!!
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Where does this quote come from?
    All posts in good faith, but do not rely on them

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      Confusion Reigns !!!

      That's what I thought.

      However, I got an e-mail from TDS, and one of the FAQ's was:

      What happens if the tenant has a tenancy agreement that was taken out before 6 April 2007 but continues occupying the property after the end of that tenancy?

      If the tenant decides to remain in an existing rented property beyond the initial fixed term of 6 months, how the deposit is treated will depend on how the tenancy is continued:

      * For a periodic tenancy - i.e. the tenancy continues with no new agreement - TDP will not apply, as no new AST will have been created
      * For a replacement/renewal tenancy (which can be notified either in writing by the landlord or via a memorandum of extension) between the same landlord, tenant and property and where there is no change to the amount of the deposit held; tenancy deposit protection will not apply to an initial deposit taken prior to 6 April
      This turns on its head what I thought till now: All new tenancies and renewals come under the new scheme.

      Unless it comes down to semantics. Our tendancy is to issue "renewal" tenancies by way of a new fixed term agreement; perhaps they mean renewals by way of memorandum (which we don't do - our understanding is that these bring in another raft of legal problems).
      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.


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