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  • Deposit Protection

    2nd year of tenancy - deposit re-protection?

    Hi All,

    I have a fixed term AST agreement on my first property which is coming to an end and it will roll into a statutory periodic. However I'm wondering whether to see if the tenant wants to resign another fixed term agreement pretty much on the same terms.

    If the tenant wants to sign another years tenancy I've read about having to re protect the deposit at the start of the 'new' tenancy agreement but how is this actually done? The deposit is already in a scheme so is it just a case of reissuing the prescribed information?

    Any help would be much appreciated.

    Thanks!

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    Hi,

    The key thing here is whether the AST is exactly the same as before or as you say 'pretty much on the same terms'. If it's exactly the same then there is no need to replace - it just rolls over into the statutory period.

    If, however, the terms of the AST have change then you will need to create a new AST. Depending on the deposit scheme you use, you might be able to extend the existing deposit terms.

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    What you have read is out of date. The need to re protect was removed by the Deregulation Act. Provided you protected it properly to begin with then you will be fine.


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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    The Deregulation Act only ruled out the need for re-protection with regards to replacement tenancies. If the landlord, tenant or property details have changed - for example if an initial joint tenancy ends and then a sole tenancy arises ( a common occurrence ) then the protection MUST be updated to reflect the new agreement.



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