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Tenant Deposit Scheme for deposits already paid?

Beate
Posts: 3,522 Forumite

Sorry if this has been covered before, I didn't have time to read all the posts (naughty I know), but our tenancy runs out on 6 June, we have agreement from landlady to stay another year, a letter from the estate agents has turned up yesterday basically saying if you wish to continue renting the flat, please sign the enclosed addendum to your AST. Conditions the same, even rent stays the same (hurray). Now my question:
We paid the deposit last June when we moved in, is there any chance to have it moved to the new Tenancy Deposit Scheme because this will be another year of renting, or is there no chance seeing that the deposit was paid before scheme came into force, and it's technically not a new agreement now anyway, just an renewal for another year?
We would love to get the deposit out of the estate agents' hands as we don't trust them, and the previous tenants had a right game getting theirs back.
Any help would be appreciated, thanks.
We paid the deposit last June when we moved in, is there any chance to have it moved to the new Tenancy Deposit Scheme because this will be another year of renting, or is there no chance seeing that the deposit was paid before scheme came into force, and it's technically not a new agreement now anyway, just an renewal for another year?
We would love to get the deposit out of the estate agents' hands as we don't trust them, and the previous tenants had a right game getting theirs back.
Any help would be appreciated, thanks.
Reclaimed thanks to this site:
£175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
£175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH
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Comments
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When you sign your new agreement (assuming it's an AST) then your deposit should go into one of the protection schemes. You should be told within 14 days which one.
If it isn't protected then apply to the courts and you should end up with 3x your deposit and the court may also decide to return your deposit to you.0 -
Thanks. Even if it's only an addendum saying all conditions from the original AST stay the same? Or would we have to add a paragraph about the deposit going into the scheme?Reclaimed thanks to this site:
£175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH0 -
Thanks. Even if it's only an addendum saying all conditions from the original AST stay the same? Or would we have to add a paragraph about the deposit going into the scheme?
An addendum is a continuation of the original AST - not a new AST. Also, I understand through sources of known reliability that even if you sign a new AST, you are not a new tenant with a new deposit, and therefore the original deposit does not have to go into a deposit scheme.FREEDOM IS NOT FREE0 -
When your initial contract ends there are two possibilities:
a) you don't sign anything new and the existing contract becomes periodic. Notice can be given by either side. your existing deposit is unchanged and there is no requirement to safeguard deposit in new scheme.
b) new AST is signed. Although this is a continuation of original agreement, even merely signing an addendum to original contract effectively triggers a new contract and the original deposit needs to be safeguarded in one of the new schemes.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Thanks. I think I answered my own question by surfing
http://www.depositprotection.com/Public/FAQs.aspx
and it confirms what silvercar said:
What happens if a tenant renews their contract after 6 April 2007?
If the tenant decides to remain in his existing rented property beyond the initial fixed term, how the deposit is treated will depend on how the tenancy is continued:
For a statutory periodic tenancy (i.e. the tenancy continues with no new Agreement):
TDP will not apply, as a new AST has not been created.
For a replacement / renewal tenancy:
This is a new AST and so TDP will apply. The deposit previously paid under the earlier tenancy is repayable to the tenant at the end of that tenancy, so it should be returned to the tenant. Alternatively, if the landlord wishes to continue to hold it as security in respect of the new tenancy it must be protected.Reclaimed thanks to this site:
£175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH0 -
When your initial contract ends there are two possibilities:
a) you don't sign anything new and the existing contract becomes periodic. Notice can be given by either side. your existing deposit is unchanged and there is no requirement to safeguard deposit in new scheme.
b) new AST is signed. Although this is a continuation of original agreement, even merely signing an addendum to original contract effectively triggers a new contract and the original deposit needs to be safeguarded in one of the new schemes.
Silvercar is correct as normal. My agent of known "reliability" has confirmed they are now going to put all deposits into the agent's scheme irregardless if periodic or AST.FREEDOM IS NOT FREE0
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