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Jun, 2017

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  1. #11
    Join Date
    Feb 2014
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    Midlands
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    12,525

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    Yeah. That's on a lot of web sites.
    It's just not correct.

    "1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme."
    "“tenancy deposit”, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for..."

    Intended to be held - not held now, but at some point in the future.
    Holding Deposits are one thing, when they "become" something else, they're a booby trap.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  2. #12
    Join Date
    Nov 2016
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    1,569

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    Mmmm I'm not convinced and I wouldnt like to test that in court.

    The wording is such as most landlords or even tenants don't pay a deposit until the day the tenancy commences.

    Is it deemed as "paid in connection with a short term tenancy" before there's even the commencement of a short term tenancy?

    Don't get me wrong I can see exactly where your coming from and I know the government website has been wrong before but in this instance I can see why It would be the case.

    Iv never taken a deposit in advance before, but it wouldn't link with the AST while trying to register it with a scheme?

    Actually is it even possible to protect a deposit while no tenancy exists?

  3. #13
    Join Date
    Feb 2014
    Location
    Midlands
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    Quote Originally Posted by Wright76 View Post
    The wording is such as most landlords or even tenants don't pay a deposit until the day the tenancy commences.
    ...
    Is it deemed as "paid in connection with a short term tenancy" before there's even the commencement of a short term tenancy?
    There's no easy way to know why the wording is the way it is - I was told (short of being a supreme court judge) to not concern myself with why the words are how they are, but to look at exactly what they say and use that.
    The presumption is that the words are there for some reason and that the drafter has chosen them - as opposed to other words - for a reason.
    Not sure I think that reflects real life, but there you are.

    My view is that the tenancy deposit is received when it's received and, if it's converted from a holding deposit, when this conversion happens is important.

    And all that's ignoring the word "paid", which is clearly inappropriate.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  4. #14
    Join Date
    Nov 2016
    Posts
    1,569

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    I think the very fact that it's listed on various websites as well as the government's as not requiring protection until a tenancy commences, that prior to this It is not a tenancy deposit.

    Even when protecting, it is protected in line with an AST and any landlord would struggle to complete the application before there's an actual tenancy.

    Unless a contract was drawn up I would never pay a deposit before I moved in anyway and most tenants don't so I guess it's not been raised alot.

    I definitely wouldn't want to test it in court however as a tenant.

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