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  • Deposit Protection

    Some advice needed please

    I am halfway through a two year tenancy, and have some questions!

    1. Do I have to reregister the deposit with the TDS for the 2nd year?

    2. Does the 5 week deposit rule mean I have to refund some of their deposit (6 weeks taken originally)?

    3. The tenants have asked to move their payment date from the 26 to the 31st of each month, I was thinking of refunding them their 1 weeks deposit to encompass the missing days rent for doing this, would this require a new contract to be signed?

    TIA Mark

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    1. Register, no. But the deposit must be maintained with the scheme. Depending which one it is you may need to update the database or pay a further fee.

    2. Probably not. Nobody is totally clear about this as the legislation is badly worded and the guidance is unclear. You may have to if you renew again.

    3. Not really. You can vary the existing contract by agreement. I would do it in writing though

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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.