Question

Start of a Tenancy (Wales) | Tenancy Agreements (Wales) | Wales

Tenancy Agreement

31 Oct 2020 | 1 comment

Hi guildy, I have 7 students signed up on a fixed contract until june 2021. 6 want to stay on for the next academic year 2021 to 2022. As the student house hunting season starts in November they want to sign up this month for next year. How do I go about this please. Do I get them all to sign the AST and date it and sign the prescribed information but leave the date off until closer to the date of the end of the existing contract so I can leave the deposit in the custodial scheme of the DPS and date the prescribed information the date of the commencement of the new AST. Thanks

Answer

1 Comment

  1. guildy

    We think once you’ve found the one replacement making it back to seven, you can sign up as soon as you are all ready.

    Although the agreement will refer to a deposit, it’s clear you haven’t “received” it at that point and only when that tenancy is over (or close) will you unprotect the deposit for the old tenancy and reprotect under the new. If you have the deposit paid to near the new tenancy (and assuming for now there’s no deductions), only then will you have “received” a deposit so the clock starts ticking.

    Our agreement specifically says that a reference to the deposit is not a receipt for payment.

    To avoid receiving a deposit from the new replacement tenant, perhaps they could pay the outgoing tenant nearer the time. Otherwise if you receive even a small portion, it will need protecting. Most schemes will allow the adding to a deposit further funds so it’s not a major problem if you want to protect a portion now (from receipt) and then top up with the other six later.

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