Is is AST rolling periodic since June 1996

kitkat58

....and hopefully as I think there was no need to register the deposit. Tenant signed AST June 2006 and deposit taken. In approx April 07 her daughter joined her at the property. No deposit was taken from her daughter, she was simply added to the original document. In March 2009 her mother left the property but did not request her deposit back but left it in with the agreement that it would be returned to her when the tenancy ended and not her daughter. We have served S21 on her daughter and her mother is saying that we should have protected her deposit. I am of the view that as we have never replaced the original tenancy and this is still dated June 2006 this is not the case? Can someone enlighten me? Many thanks

Colincbayley

If the last AST was indeed dated 2006 then there was no need to protect the deposit.

How was the daughter added to the AST? Was it by a deed of assignment or did you just write her name on the orig 2006 agreement?

kitkat58

Thanks for your reply - her name was just written onto the original agreement, and when her mother left her name was simply crossed off....I so hope your right as we have service S21, and we are issuing for non payment of rent this week.

Colincbayley

Can't see how just writing a new name in and crossing the old one out is valid.

I would be inclined to issue the S.21 in the original tenants name.

Post your question on www.landlordzone.com/forums and see if you can get a reply from Jeffrey the resident housing solicitor.

kitkat58

urgh...that throws a whole new mix into the bag! We did this on the advice of the letting agents who found the original tenant for us and prepared the original agreement...anyone else have any thoughts on this?

Colincbayley

This may help.
http://www.landlordzone.co.uk/forums/showthread.php?t=28531&highlight=change+tenancy