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hastings
22-12-2011, 17:37 PM
Can anyone point me to an official document or site which states that lodgers in a house with a resident landlady are not entitled to a deposit bond number under the recent scheme?

I have two (separate) new lodgers who are both disgruntled with me as they think I am in some way "conning" them by not providing a bond scheme number.

Thanks to anyone who can show me something official that I can print out and give to them.

Hastings Landlady

Snorkerz
22-12-2011, 19:06 PM
The 'recent scheme' as introduced in the 2004 Housing Act and only applies to tenants with assured shorthold tenancies.

2004 Housing Act, section 214(1)The appropriate national authority must make arrangements for securing that one or more tenancy deposit schemes are available for the purpose of safeguarding tenancy deposits paid in connection with shorthold tenancies.

section 214(8) In this Chapter “shorthold tenancy” means an assured shorthold tenancy within the meaning of Chapter 2 of Part 1 of the Housing Act 1988 (c. 50);

westminster
22-12-2011, 21:44 PM
Show them Paragraph 10 of Schedule I, Housing Act 1988 - 'Tenancies which cannot be assured tenancies'. Para 10 is the one about resident landlords, and it's why your lodgers can't have an assured [shorthold] tenancy.
http://www.legislation.gov.uk/ukpga/1988/50/schedule/1

Also show them Chapter 4 of Housing Act 2004, which is the legislation about deposit protection, and it only applying to assured shorthold tenancies.
http://www.legislation.gov.uk/ukpga/2004/34/part/6/chapter/4

And you could give them this link to Shelter's page on whether deposit protection applies or not - http://england.shelter.org.uk/get_advice/downloads_and_tools/deposit_checker

Finally, a link to a government website, which says (in the first two paras):

"Landlords must protect their tenants' deposits using a TDP scheme if they have let the property on an assured shorthold tenancy (AST) which started after 6 April 2007. If these conditions don't apply - for example, because you live in the property with your tenant - you do not have to protect your tenants' deposits."

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120