Should I have issued new deposit protection documents for second fixed term?

by Readers Question

10:57 AM, 27th January 2016
About 3 years ago

Should I have issued new deposit protection documents for second fixed term?

Make Text Bigger
Should I have issued new deposit protection documents for second fixed term?

I was letting my property to tenants who wished to continue after the fixed term lease expired.deposit

Instead of letting the tenancy go to statuary periodic I issued them with a new 6 month short term lease. The original was for 1 year. I kept the original deposit and did not issue new information.

They are now leaving and there is some damage.

How do I stand?

Elizabeth



Comments

Kelly Joanna

11:57 AM, 27th January 2016
About 3 years ago

Who did you log the deposit with in the first place?

Cherry Picked Properties Lettings and Management

12:53 PM, 27th January 2016
About 3 years ago

Good afternoon,

You will need to talk to your deposit provider as different providers advise different things.

The DPS used to advise that you issue new terms etc however more recently they were changing their advice to say that you didn't need to re-register.

This is why I would suggest you give your deposit provider a call as they'll put you right.

If you're fair with the tenant and they are reasonable they won't contest it. Therefore the detail as to whether you re-registered it will not arise.

Dan Sawyer

Cherry Picked Properties

trevor white

14:52 PM, 27th January 2016
About 3 years ago

You should have protected the deposit for the new tenancy.

You need to be aware that the max penalty if an application is made is 3 times deposit plus deposit.

You will have to tread carefully.

You could possibly argue that the new AST has no deposit it relates to the old or previous AST.

Michael Barnes

21:23 PM, 29th January 2016
About 3 years ago

Reply to the comment left by "Cherry Picked Properties Lettings and Management" at "27/01/2016 - 12:53":

The issues regarding the prescribed information are independent of the deposit scheme.

1. It is my understanding that the DPS custodial scheme does not require any action when a tenancy is renewed; the insurance schemes may require action.

2. The deregulation Act 2015 Section 32 (adding Section 215B to Housing Act 2004 says that there is no need to re-issue Prescribed Information for a replacement tenancy.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Change to Universal Credit rent arrears payments

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More