statutory to periodic tenancy - deposit renewed

KILL_BILL

Is there an onus on a landlord that he has to reprotect the deposit which is given to him at the start of an AST and then when that expires the tenancy goes to a peroidic tenancy that he has to re deposit the deposit that has been given to him and that he has to provide the tenant with the new certificate and prescribed information ?

what if he has not done that ?

is there recent case law which allows the tenant to pursue the landlord as if the landlord never provided the prescribed information or deposit the money as originally ?

Innys1

Why would the landlord need to redeposit the deposit?

It makes no sense - the tenant has not changed, the landlord has not changed and property has not been vacated since the start of the first tenancy.

HappyMJ

Innys1 wrote: »

Why would the landlord need to redeposit the deposit?

It makes no sense - the tenant has not changed, the landlord has not changed and property has not been vacated since the start of the first tenancy.

Under the insurance scheme where the landlord holds on to the deposit and pays a premium that premium only lasts for the initial period of the AST. That premium usually covers 6 months.

From the T's and C's

16. Confi rmation of an Insured Deposit closure
a. The DPS will send the Landlord a reminder 1 month before the Tenancy End Date informing them that The DPS must
be notifi ed prior to the Tenancy End Date whether the Tenancy is a) at an end; b) continuing on a periodic basis; or
c) renewing as a fi xed term Tenancy. If the Landlord does not respond to this notifi cation prior to the Tenancy End
Date The DPS will close the Deposit and inform the Landlord and all Tenants that the Deposit is no longer protected.
The DPS will send such notifi cation via e-mail, SMS or postal communication.

pmlindyloo

Re protecting a deposit and issuing the prescribed information for when a fixed term tenancy goes onto a periodic tenancy was subject to much discussion after a court case.

it has now been confirmed that this does not need to happen as long as the details of the tenancy have not changed.

Read this:

https://www.kingsleynapley.co.uk/news-and-events/blogs/dispute-resolution-law-blog/legal-update-deregulation-act-2015-implications-for-tenancy-deposit-protection

However, some deposit protection schemes require the landlord to notify them when a fixed term changes to a periodic tenancy otherwise the deposit protection ends.

You can check to see if your deposit is protected now by using the Shelter website. (Is my deposit protected?)

jjlandlord

pmlindyloo wrote: »

Re protecting a deposit and issuing the prescribed information for when a fixed term tenancy goes onto a periodic tenancy was subject to much discussion after a court case.

it has now been confirmed that this does not need to happen as long as the details of the tenancy have not changed.

Giving the prescribed information again is no longer required.
However, re-protecting or any other action depends on the scheme and thus may still be required if the scheme requires it.