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scribbler
20-10-2009, 16:51 PM
Hi i am looking at starting a new tenancy with an existing tenant where the deposit is already protected under the existing tenancy through the custodial deposit protection scheme.

I want to grant a new 6 month ast.

1. Will I have to apply to the DPS for the return of the deposit money and then reprotect it for the new tenancy or is there a way of carrying the deposit over.

2. In the tenancy agreement it refers to the amount of deposit paid. Because the tenants will not be paying any additional money over to me I have considered putting in a deposit of zero although in effect the £800 deposit should be carried over to the new tenancy.

Any advice on the legal technocalities of this process

Poppy35
20-10-2009, 17:57 PM
Hi i am looking at starting a new tenancy with an existing tenant where the deposit is already protected under the existing tenancy through the custodial deposit protection scheme.

I want to grant a new 6 month ast.

1. Will I have to apply to the DPS for the return of the deposit money and then reprotect it for the new tenancy or is there a way of carrying the deposit over.

2. In the tenancy agreement it refers to the amount of deposit paid. Because the tenants will not be paying any additional money over to me I have considered putting in a deposit of zero although in effect the £800 deposit should be carried over to the new tenancy.

Any advice on the legal technocalities of this process

just notify the DPS that the tenancy has started on a new fixed term contract - they should be able to reprotect it for you with new dates.

Please put the deposit on the contract as they are paying you a deposit as they already have done so.

I only use the TDS and they have system in place for either continuation or changing the dates.

westminster
20-10-2009, 18:29 PM
Hi i am looking at starting a new tenancy with an existing tenant where the deposit is already protected under the existing tenancy through the custodial deposit protection scheme.

I want to grant a new 6 month ast.

1. Will I have to apply to the DPS for the return of the deposit money and then reprotect it for the new tenancy or is there a way of carrying the deposit over.
No experience of the custodial scheme. All I know is you have to re-protect the deposit. Call the DPS to find out how it works - there must be a way which avoids having to send the money back and forth...


2. In the tenancy agreement it refers to the amount of deposit paid. Because the tenants will not be paying any additional money over to me I have considered putting in a deposit of zero although in effect the £800 deposit should be carried over to the new tenancy.

Any advice on the legal technocalities of this process
The deposit isn't zero (unless you pay it back to the T, which I assume you're not planning to). It's carried over to the renewed tenancy, so effectively the tenant is re-paying it to you, and you are re-protecting it. The TA should therefore state that the deposit is £800.

scribbler
21-10-2009, 08:55 AM
Thanks for the replies very helpful