Hi Everyone, please advice on tenancy renewal and deposits

[ade40]

Hi all,

I've just signed a new tenancy agreement with my landlord. My deposit is still protected under the old agreement and I'm wondering if this is the correct procedure? The new agreement says that "no deposit is payable under this agreement". So, I'm wondering can a tenancy deposit be carried over from one agreement to the next or does it have to be renewed with thee deposit scheme?

I'd really appreciate any advice.

Many thanks.

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Hi all,

I've just signed a new tenancy agreement with my landlord. My deposit is still protected under the old agreement and I'm wondering if this is the correct procedure? The new agreement says that "no deposit is payable under this agreement". So, I'm wondering can a tenancy deposit be carried over from one agreement to the next or does it have to be renewed with thee deposit scheme?

I'd really appreciate any advice.

Many thanks.

It should be easily carried over and that should be mentioned in the new tenancy agreement.

nem

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. Unfortunately the new agreement does not mention that the deposit is carried over. It just says no deposit is payable under this agreement.

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. Unfortunately the new agreement does not mention that the deposit is carried over. It just says no deposit is payable under this agreement.

Ok I would ask the LL/Agent that a transfer to the new agreement has been done.

nem

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. I just spoke to the agent and he said there's no need to inform the DPS of the renewed agreement. I checked the DPS website previously and it's not clear on what a renewed tenancy means: is it a periodic tenancy that carries on when the old agreement lapses or signatures on a new agreement with increased rent - my situation - or both?

ade

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. I just spoke to the agent and he said there's no need to inform the DPS of the renewed agreement. I checked the DPS website previously and it's not clear on what a renewed tenancy means: is it a periodic tenancy that carries on when the old agreement lapses or signatures on a new agreement with increased rent - my situation - or both?

ade

I think your OK there ade, just keep all the correspondence safe.


nem

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Great. Thanks very much for the advice, nem. It's a relief.

ade

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Great. Thanks very much for the advice, nem. It's a relief.

ade

Happy to help ade!!

nem

[MissFM]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. I just spoke to the agent and he said there's no need to inform the DPS of the renewed agreement. Ask him to confirm this in writing, just to be on the safe side. I checked the DPS website previously and it's not clear on what a renewed tenancy means: is it a periodic tenancy that carries on when the old agreement lapses or signatures on a new agreement with increased rent - my situation - or both? I think it's a new tenancy (but effectively both) - see here:
http://www.landlordlawblog.co.uk/201...a-new-tenancy/
ade

Hi Ade

I don't think you have anything to worry about but there's never any harm in using belt and braces (comments in red above) x

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, MissFM. Will check the link.

ade

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Hi all,

Having checked the link suggested by MissFM, it appears that I have now begun a new tenancy - not only because I signed a new agreement but also because even without a new agreement the tenancy would have become a periodic tenancy which is effectively a new tenancy (Superstrike Ltd v Rodrigues).

So here's my question: since it's a new tenancy does the deposit not need to be re-protected?

Many thanks.

ade

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Hi all,

Having checked the link suggested by MissFM, it appears that I have now begun a new tenancy - not only because I signed a new agreement but also because even without a new agreement the tenancy would have become a periodic tenancy which is effectively a new tenancy (Superstrike Ltd v Rodrigues).

So here's my question: since it's a new tenancy does the deposit not need to be re-protected?

Many thanks.

ade

I have tenants who renew year by year and the deposit is carried forward as there is no change in tenant and obviously no address change to go on the deposit protection form, the fact is mentioned in the nee agreement " a deposit of £xxx.xx was paid on date,,,,,,,,,,:

nem

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. I need to get this sorted out. My new agreement only says: 'A deposit of £0.00 is payable on signing this agreement'. No reference to the deposit being held at the DPS.

ade

[nemesis45]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Thanks, nem. I need to get this sorted out. My new agreement only says: 'A deposit of £0.00 is payable on signing this agreement'. No reference to the deposit being held at the DPS.

ade

It's a bit vague ade but " the thought" is there, just ask for a written confirmation that the deposit is held by an appropriate company.

nem

[ade40]

Re: Hi Everyone, please advice on tenancy renewal and deposits

Great. Thanks, nem.

ade