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Question

Deposits and Tenancy Deposit Schemes (England) | Prescribed Information (England)

Deposit protection for rolled over tenancy. Is there still a 30 period to protect it?

9 Jul 2018 | 3 comments

Deposit protection for rolled over tenancy. Is there still a 30 period in which to protect deposit?

Answer

3 Comments

  1. guildy

    Where the deposit was correctly protected initially, it’s deemed to be re-protected during any roll on period.

    If you’re using an insured scheme, they will need to know if it’s rolling on or, if the tenant has left at the need of the term. As long as you tell them before they unprotect the deposit, that will be all that’s needed. Custodial doesn’t normally need any action.

  2. JCM0

    Thanks for the reply, I’ve just checked the dates, the deposit was protected correctly at the start of the tenancy albeit 1 day late (31 instead of 30) and the fixed term ended on the 28th April but I didn’t re-protect it until 8 June, therefore it seems that there may have been a 10 day period when it wasn’t protected, before being re-protected. Can I be punished in court for this? I’m not sure if I did a new certificate or asked them to continue the original one.

  3. guildy

    31 days isn’t 30 days we’re afraid and if the tenant applies, they will be awarded between 1 and 3 times the deposit plus return of the deposit. As the first one wasn’t done properly, the periodic is not deemed to have been done either and that too will attract the same penalty.

    It’s probable it would be at the lower end of the scale (between 1 and 2 times) for each failure due to the fact it was done twice, albeit late both times.

    If you need to serve a section 21, you must first return the deposit in full.

    If all is good and the tenant leaves naturally, you should just return the full deposit even if there’s a bit of damage to avoid causing any upset.

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