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  • Legal FAQs

    Tenancy Deposit Cap

    The Tenants Fees Act does into play on 1 June. One of the rules states that deposits can be no more than 5 weeks rent. If we are already in possession of a deposit great than that (6 weeks in my case), are we required to immediately refund 1 weeks rent?
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    No.  The rule only applies to tenancies granted after 1st June.

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    Until next June 2020 when any deposit over 5 weeks needs to be returned
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    you do not need to reduce the deposit until the tenancy is renewed for a new fixed term. if the tenancy continues as a periodic tenancy you can keep the deposit as it is, even after June 2020. If you renew the fixed term for a further period at any stage you would then need to reduce the deposit

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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.
    Check your mortgage Co allows the tenancy to move to a periodic. Ours insist on ASTs.
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    A periodic tenancy is still an AST (tenancy granted under The 1988 Housing Act) the only difference being no end date meaning can be ended by notice without waiting for an end date - all obligations of the original tenancy remain.

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    Except ours stated a maximum AST of 12 months. Can't remember if it specifically states not Periodic but that definitely seems to be the implication (unless I read it wrong).
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