Tenancy Deposit Scheme
Discussion
Is it necessary for a deposit on a residential property to be registered under the tenancy deposit scheme in the following situation?
1. An assured shorthold tenancy was issued in 1999.
2. This became a periodic tenancy in 2000 with 2 months notice either side.
3. The rent was increased by a small amount several times since then (serving 2 month's notice each time), most recently in 2011 after the tenancy deposit scheme was introduced.
I have seen conflicting information about whether the rent increase constitutes a replacement tenancy which would mean the deposit should be returned and re-collected (and when it is re-collected, put in to the deposit scheme).
1. An assured shorthold tenancy was issued in 1999.
2. This became a periodic tenancy in 2000 with 2 months notice either side.
3. The rent was increased by a small amount several times since then (serving 2 month's notice each time), most recently in 2011 after the tenancy deposit scheme was introduced.
I have seen conflicting information about whether the rent increase constitutes a replacement tenancy which would mean the deposit should be returned and re-collected (and when it is re-collected, put in to the deposit scheme).
My understanding is if the tenancy was entered into and deposit paid prior to the 2008 introduction of the scheme then no.
If you signed a new tenancy in 2011 but the deposit remained the same and was carried over then maybe.
Best call shelter on their freephone as you may not get any other responses.
I would not consider an increase in rent and renewal as the tenancy remains the same and is still periodic in this case as far as I can see.
This would not be desirable as your wear and tear allowance is based on the length of occupation and the longer the better. Was a inventory done at the start? I would assume that far back photos in the inventory were not common place.
If you signed a new tenancy in 2011 but the deposit remained the same and was carried over then maybe.
Best call shelter on their freephone as you may not get any other responses.
I would not consider an increase in rent and renewal as the tenancy remains the same and is still periodic in this case as far as I can see.
This would not be desirable as your wear and tear allowance is based on the length of occupation and the longer the better. Was a inventory done at the start? I would assume that far back photos in the inventory were not common place.
Edited by jbsportstech on Tuesday 17th June 16:03
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