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Question

Deposits and Tenancy Deposit Schemes (England) | Tenancy Agreements (England)

Used the wrong AST for Deposit Protection

9 Apr 2018 | 2 comments

I have just realised for one of my Tenancies that I have used the wrong agreement. I’m not sure how this has happened but I took a deposit, protected it within 30 days with the DPS and today discovered I used an agreement stating ‘Do not take a Deposit with this Agreement’. How does this affect things going forward?

Answer

2 Comments

  1. guildy

    We don’t think it’s a massive problem!

    You’ve complied with the law which is what mostly matters.

    The problem you may have is if deductions are needed from the deposit at the end because that agreement doesn’t contain anything about what you can use the deposit for. The schemes generally like to see what’s been agreed that the deposit can be used for.

    However, we guess it will generally be accepted even without an agreement, a deposit can be used against unpaid rent and serious damage. It might just get tricky if any deductions aren’t quite so straightforward.

    Hopefully when they leave there will be no problems and deposit returned to them in full.

    You could always do a new tenancy and treat it as a renewal (i.e. just start it from the next rent day). That would fix the problem from that point onwards.

    • 1450

      Thank you, that should prevent a sleepless night.

      I think I will look to provide a renewal

      Regards
      Steve

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