TDS & Periodic tenancy

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    TDS & Periodic tenancy

    Deposit taken prior to the implementation of TDS. Joint tenancy is periodic. Deed of assignment signed after implementation of TDS - outgoing tenant given deposit back by landlord, incoming tenant gives landlord a deposit.

    Does the change in tenant now make the deposit come within TDS regulations and that as they are joint tenants, it should be lodged as a single sum?

    If so, how does the landlord best administer any future change of joint tenant (through a Deed of Assignment) when a single sum is lodged in TDS?

    Is it permissable to lodge the individual tenants contribution to the deposit on an individual basis despite a joint AST?

    #2
    As the old tenancy is still continuing, I assume that the old deposit rules ought to apply too- or is that wrong?
    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).

    Comment


      #3
      Originally posted by jeffrey View Post
      As the old tenancy is still continuing, I assume that the old deposit rules ought to apply too- or is that wrong?
      No, it's right!!!!!!!!

      Comment


        #4
        Is a new deposit being taken? If so then im not sure it might have to be registered;

        http://www.opsi.gov.uk/acts/acts2004...20040034_en_19

        section 213 & 214 - refers to deposits rather than ast?

        What does anyone else think?

        Comment


          #5
          found the answer;

          http://www.broxbourne.gov.uk/Internet/Web%20PDFs/Housing/Landlords'%20Forum%20minutes%202007-05-09.pdf

          paragraph on page 2 just before the links, concenrning just this situation.

          Comment


            #6
            Originally posted by Planner View Post
            found the answer;

            http://www.broxbourne.gov.uk/Internet/Web%20PDFs/Housing/Landlords'%20Forum%20minutes%202007-05-09.pdf

            paragraph on page 2 just before the links, concenrning just this situation.
            ...which says what (in summary)?
            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).

            Comment


              #7
              Dont put yourself out Jeffrey;

              What happens if one of four tenants in a property moves out?
              If a tenant moves out, the replacement tenant would sign a deed of assignment to accept
              that they are taking over the tenancy from the person moving out, in which case the
              deposit would not need to be protected if the tenancy began before 6th April 2007.
              Alternatively, the landlord could end the tenancy, return the deposit and then start a new
              tenancy, in which case the new deposit would need to be protected.

              Comment


                #8
                Originally posted by Planner View Post
                Dont put yourself out Jeffrey
                No, because I usually do.
                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).

                Comment


                  #9
                  Originally posted by Planner View Post
                  What happens if one of four tenants in a property moves out?
                  If a tenant moves out, the replacement tenant would sign a deed of assignment to accept
                  that they are taking over the tenancy from the person moving out, in which case the
                  deposit would not need to be protected if the tenancy began before 6th April 2007.
                  Alternatively, the landlord could end the tenancy, return the deposit and then start a new
                  tenancy, in which case the new deposit would need to be protected.
                  ...which confirms my post #2 anyway.
                  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).

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    As the old tenancy is still continuing, I assume that the old deposit rules ought to apply too- or is that wrong?

                    Oh yes, how acurate and certain, no hint of doubt there. I can see why you wouldnt want to put yourself out in responding to my post with the amount you put into this reply.

                    Im off home now. Look forward to spending the day disagreeing with you tommorow Jeffrey.

                    Comment


                      #11
                      Yes- I disagree with the "tomorow" [sic] too!
                      Don't get so cross all the time.
                      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).

                      Comment

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