Backdated renewal tenancy and deposit protection

[peeta]

Hi all,

I hope somebody could shed some info onto the following issue

background:

- I had an original tenancy starting from Sept. 2016 for fixed terms on 12 months.
- in Sept 2017, the tenancy expired and I believe a periodic AST was created.
- Another Tenancy was exchanged in Nov 2017 with some modifications (break clause), with a backdated start date of Sept 2017 (Landlord said, the backdating for 'accounting purposes


Questions I have is, for the purpose of protecting the deposit for the renewal tenancy which date is taken into account, Nov 2017 or Sept 2017?

[peeta]

Hi des8 or any senior be kind enough to shed some light pls?

[des8]

Sorry, but don't know

[peeta]

ok..anyone else on this forum who can help me on the above pls?

[peeta]

any chance to get an update from Celestine or rob pls?

[Celestine]

I'm not sure how it makes a different in terms of 'protecting your deposit'?

If you started the tenancy in 2016, presumably you put down a deposit which the landlord has placed in a TDS? That's been the law since 2007, so I'm baffled at why September or November 2017 makes any difference....or is there something else afoot here?

[peeta]

thanks for the reply Celestine , the thing is Landlord only protected under insured DPS (no prescribed info was served) and the protection ended with the original fixed terms AST. No

So, by virtue of A statutory periodic tenancy pursuant to s5 of Housing Act 1988, a new periodic tenancy was created and then the subsequent renewals (Deregulation act of s215B does not apply as the deposit was not protected initially as a result of not serving PI).

Since for each tenancy deposit is considered to have changed hands afresh, deposit protection rules kick in.

what I do not understand is how the law sees backdated tenancy to work out the dates from which deposit protection req. clock starts. Do you know any info around this or any case laws about backdated tenancy as in my case?

[Celestine]

Sorry, I'm afraid it really is not my area, but Shelter https://www.shelter.org.uk/ will know. They have a dedicated legal helpline and really good case law library. Good luck.

[peeta]

tried Shelter Celestine , but they would not comment on any such library and asked me to search google. are you aware of any free case law libraries pls?

[peeta]

Hi rob, do you have an idea on this pls? In the eyes of the Housing laws, how does a tenancy agreement that is back dated is seen ?

[islandgirl]

Is it being done bacause, if a new tenancy is signed after a periodic the deposit has to be reregistered and the right to rent info reissued etc? That is all I can think of. Why does the LL not just leave it periodic? I always do, No need for a break clause!

[peeta]

I am not sure what LL's motivations were. But the fact that it has taken place, I would like to know how the law sees such back-dated tenancies?

[Celestine]

Feedback from @NearlyLegal (Twitter)

[peeta]

thanks a lot Celestine