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1 tenant (of 2) passed away - I didn't re-protect with TDS when renewing

Started by derocherob, June 04, 2024, 11:47:40 AM

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One tenant passed away and one stayed on. I have renewed tenancy twice with remaining tenant with an addendum, not a new AST.

Should I have re-protected or am I covered under the terms of the original AST as I've just used an addendum?

Tenant now left but worried I may have left myself exposed here, any help and advice would be appreciated.


No doubt someone will know more than me,  but I would be very surprised if you have anything to worry about.  Is there some other conflict going on with the ex- tenant that makes you think they are gunning for you? 


Yes, tenant (and family) are contesting deposit return which is with TDS, and potential unsecured deposit in form of rent up front/on account (see other thread).

I've tried to check with the TDS and they stated that material changes, such as a named tenant change, does require a re-protect, but when I've asked them to clarify my specific situation they've given a boilerplate response.

Concerned that with 2 potential cased of unprotected deposit and a failure to re-protect the deposit correctly might constitute a case if the tenant wants to take it further.


When you renewed the tenancy with an addendum were the same tenants named as tenants on the addendum?


Quote from: jpkeates on June 04, 2024, 02:35:41 PMWhen you renewed the tenancy with an addendum were the same tenants named as tenants on the addendum?

No, only the remaining tenant was named on the addendum.


In which case you've almost certainly created a new tenancy with the one tenant rather than renewing the existing tenancy.
So you needed to do all of the things associated with a new tenancy, including protecting the deposit.
Depending on who was registered with TDS as the lead tenant, that might be fiddly to resolve.