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Question

Deposits and Tenancy Deposit Schemes (England) | England | Start of a Tenancy (England)

Tenancy deposit

11 Jun 2021 | 1 comment

If a person becomes a landlord by inheriting a property which has been let previously on as AST with the deposit correctly having been protected by the deceased landlord with Deposit Protection Service and prescribed information given at the time, aside from providing notice under S.48(1) of the LTA 1987, does the new landlord have to re-protect the deposit and provide prescribed information again? ie would a failure to do so preclude service of a section 21 notice?

Answer

1 Comment

  1. guildy

    Firstly, the section 3 and 48 combined notice will be more appropriate because the tenancy will have been assigned to the new landlord as a result of the death.

    There will be no need to re-protect because the timing is all about from when the deposit was received and nothing afterwards.

    However, looking at the scheme rules, it is a requirement that if there’s a change in landlord that this be done within the scheme. That being said, a glance through and text search didn’t find anything relating to death so it might be worth contacting the DPS just to see if the deposit needs transferring into the new name in this case. If it’s transferred, we’d be happier if prescribed information was given showing the new new transferred details although this possibly wouldn’t be legally required (because no new deposit has been received).

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