Landlord holding deposit

[jamesuk28]

Is it legal for a landlord to hold a tenants deposit in their personal bank account? or does it have to be a nominated account?.

Any info appreciated. Thank you.

[Wings]

jamesuk28 said:

Is it legal for a landlord to hold a tenants deposit in their personal bank account? or does it have to be a nominated account?.

Any info appreciated. Thank you.

If before April 2007 then Yes, and if after April 2007 then again Yes if the landlord has registered the deposit.

[jamesuk28]

Thank you

[Wings]

http://www.communities.gov.uk/housing/rentingandle...

[oggs]

I use DPS

[Mr Freefall]

Wings said:

jamesuk28 said:

Is it legal for a landlord to hold a tenants deposit in their personal bank account? or does it have to be a nominated account?.

Any info appreciated. Thank you.

If before April 2007 then Yes, and if after April 2007 then again Yes if the landlord has registered the deposit.

Not quite correct

If you have taken tenacy out before April 2007 then it goes in the Landords account. If when you come to renew your AST, then the landlord can state that the AST is on a month by month basis, even if this is AFTER April 2007. This means at this point the Landlord does not have to put the money in an approved scheme, b3cause you do not sign a new AST contact.

If however you sign up for another 'fixed term' and sign another AST contract AFTER april 2007, then at this point the Landlord will have to put your deposit in a scheme, even if he had held it on his own back account before, you will have to be told of the scheme name, and the despute route to take if it arises when you vacate the premisis.

My advise is even if you are a tenant, and you have to renew the AST, and will be in the propert for 6 months or more, then opt for a new AST, a 6 months contract, or a year contract with a 6 months break clause. This will then force the landlord to put the money from his account to an approved scheme.

Downside. Landlord may up your rent, may stipulate that the AST HAS to be 1 year, and may not offer a 6 month break clause. But, your money will be in an approved sceheme.

Mr F