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New view on renewal for TDS, please comment


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Hi all, I have been looking at the "renew" scenario for quite a while. People seemed to have very different opinion about it. I have some thoughts after reading this court case:

 

My TDS Case Outcome! - LandlordZONE Forums

 

It seems that the judgment was made due to the fact that the deposit was not "paid and received".

 

This sounds very odd to me, consider the following example:

 

- LL signed an AST with T today.

- LL has to protect deposit because it's after April 2007.

- 6 months later, LL signed another AST with same T for the same property, this a case of renewal.

 

Look, here comes the tricky part, according to the judge in the court case, if the LL "unprotect" the deposit after the tenancy is renewed, the LL is not breaking the law since there is no "Paid and received" of the deposit upon tenancy renewal. And the LL has also complied with TDS when the first AST was signed.

 

Lucky there is no legal binding of the decision. Otherwise it would open a huge loop hole for LL not to protect deposit.

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I have been saying for a little while now that this, in fact, could probably be the case. The act itself doesnt deal with the renewal or date paid issues. However, the guidance is that it is for any deposits paid after 6th April 2007. This includes ANY deposits.

 

It is not legally binding yet - but I suspect it will become so should such a case ever go to appeal.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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