X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Deposit Protection

    Non Protected deposit - advice sought please!

    Thanks Biscuits - great info - The following would appear to apply to us as the tenancy had lapsed into periodic long before 2007 and we have never issued a new fixed term AST: 

    Deposits on tenancies that went periodic before April 6th 2007

    Where a deposit was taken before April 6th 2007 and the tenancy became a statutory periodic tenancy before April 6th 2007 and there has been no new fixed term since that time, then the landlord is not open to the financial penalties. However, they cannot serve a valid Section 21 until the deposit has been protected in one of the government approved schemes with the prescribed information served to all relevant parties. Alternatively they can also serve a valid section 21 when the deposit has been returned to the tenant in full or with any deductions that the tenant has agreed to.


    The good news from this is that it would appear that we are not open to financial penalties, but does that mean we can now consider deducting monies for cleaning?  I agree with Dan in the second post in principle regarding redecoration, etc. after such a long tenancy.  However, the place was spotlessly clean when they moved in and they have made no effort whatsoever after vacating to clean. So while I agree with Dan in principle I don't see why we should have to pay to have the place returned to a reasonable level of cleanliness, when this is clearly stated as a requirement in the original AST.  We are members of the NLA so I think a call to their helpline first thing in the morning might just be in order....

    0
    0

    Just found the following on Shelter's Website which would appear to confirm all of the above:

    Before 6 April 2007 

    Your landlord doesn't have to protect your deposit if you've had a periodic (rolling) assured shorthold tenancy since before 6 April 2007.

    But if they want to give you a section 21 notice to end your tenancy they must protect or return your deposit.


    0
    0