Landlord asking for a deposit 2 years in

inch_high

Hi,

My girlfriend rents a house and for some reason, wasnt asked for a deposit when she moved in 2 years ago.

The landlord is now saying he requires one month deposit as per the Landlord Association laws, but she has till October to pay this.

Is this right? Can he just ask for a deposit out of the blue like this?

Thanks
Rob

Voyager2002

He can ask...

Presumably she has a valid contract, so if she says that she is sorry but finding a deposit is not convenient, he has to decide whether to continue with a good tenant or to give her notice and have all the nuisance and expense of finding a new tenant.

martindow

The LL has the right to ask and your GF has the right to refuse to pay it if she wishes. However refusing could well provoke the LL issuing an S21 giving appropriate notice and asking her to leave.

It is normal to pay a deposit but odd to not bother until two years later.

I think your GF should speak to the LL. If she is otherwise happy with the house and wants to continue living there, paying a deposit may be the best way of continuing. It must be annoying having to produce cash at this stage but the LL seems understanding in giving six months to pay.

G_M

Is this Scotland?

If Eng/Wales, I have no idea what the landlord means:

the Landlord Association laws,....

There are two national Landlord Associations (RLA & NLA), but neither of them have law-making powers! And there is no (governement) law requiring LLs to take a deposit. Sounds to me like he forgot or didn't bother, is now worried, so is making stuff up!

Tenant has no legal need to agree. T has a contract and deposit is not included on it.

However, unless the T has a (longish) fixed term contract there is always the risk the LL might give 2 months notice (S21). But doing so would be expensive for him.

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?