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superdry
20-04-2008, 09:02 AM
If a tenant moved in prior to 6th April 2007 (Tenancy Deposit Protection start date) woudl I have still needed to have set up the deposit in the scheme.
You can probably guess where this line of question is going!)

agent46
20-04-2008, 10:21 AM
If a tenant moved in prior to 6th April 2007 (Tenancy Deposit Protection start date) woudl I have still needed to have set up the deposit in the scheme.
You can probably guess where this line of question is going!)

If you don't renew the tenancy and just let it go periodic, then no.

However, if you renew the tenancy post-Apr 07, the situation is a little less clear cut. The Govt guidance and the TDP providers rules say that you have to protect the deposit, but if you read the relevant section of the HA 2004, then it appears the guidance and the TDP providers' rules may well be incorrect. I'd say it's better to be safe than sorry and if you renew a pre-Apr 07 tenancy after Apr 07, then until this issue is cleared up by the courts, I'd protect the deposit.

See further discussion here: http://www.landlordzone.co.uk/forums/showthread.php?t=10810