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Maximum rental deposit in England

gt94sss2
gt94sss2 Posts: 5,626 Forumite
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edited 30 May 2020 at 6:55PM in House buying, renting & selling
I'm aware that the law changed last year to limit new deposits to a maximum of 5 weeks.
My question is, if a one year AST tenancy was agreed in 2018 (with a 6 week deposit) and is now a periodic tenancy - is there any legal requirement for the landlord to return one weeks deposit to the tenant?

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  • silvercar
    silvercar Posts: 46,945 Ambassador
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    gt94sss2 said:
    I'm aware that the law changed last year to limit new deposits to a maximum of 5 weeks.
    My question is, if a one year AST tenancy was agreed in 2018 (with a 6 week deposit) and is now a periodic tenancy - is there any legal requirement for the landlord to return one weeks deposit to the tenant?
    No, but if a new tenancy agreement was signed the landlord would need to return enough of the deposit so that the amount held was 5 weeks max. This may be less than returning a whole week's deposit if the new rent is higher than the previous one.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and 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.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
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    gt94sss2 said:
    ..is there any legal requirement for the landlord to return one weeks deposit to the tenant?
    Only if you and the LLsign a new TA.
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