does deposit scheme apply to resident landlords?

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    does deposit scheme apply to resident landlords?

    This is obviously a hot topic in view of the number of threads, but I have gone back to the start and can't find an answer to my question:

    Does the scheme apply to resident landlords? The answer will be of great interest to me, my mother and no doubt hundreds of others who have lodgers in their homes, but are not (apart from that) professional landlords, and for whom the scheme is a bit cumbersome for such an informal arrangement (some may think it's combersome under any arrangement).

    We live downstairs, but the house is not partitioned in any way, so (although the lodgers have their own kitchen, dining room, bathroom, etc) we do share front door, halls and stairs and, if need be, we use each other's bathrooms, etc. I mention this, becuase I know that where there is a resident landlord, a tenancy can never be "assured" (so presumably can't be an assured shorthold), but I gather that there have been instances in which tenancies have been found to exist, where lodgers (tenants) have been found to have "exclusive possession" of their own facilities.

    And finally, if it's advised that I do need to use the scheme, what's the simplest/cheapest option for people like me who are not members of any professional organizations?

    Many thanks, FG

    #2
    Deposit schemes apply only to ASTs. Even if the arrangements in your case form a tenancy, not a licence, it still cannot be an AST (if resident L, under para. 10 in Schedule 1 to 1988 Act) so no deposit legislation restrictions either.
    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).

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      #3
      Originally posted by jeffrey View Post
      Deposit schemes apply only to ASTs. Even if the arrangements in your case form a tenancy, not a licence, it still cannot be an AST (if resident L, under para. 10 in Schedule 1 to 1988 Act) so no deposit legislation restrictions either.
      Though many local authorities (including ours) do not understand this, even when carefully explained in The Sun English. To be on the safe side, ideally title any agreement, and the the wording within as a licence at best, a general tenancy at worst.
      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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