UK Landlord Forum / Life

I have a tenant who has lived in the house for around 4 years and has until recently been fairly reliable and the property although very untidy has been kept in fairly good order.  I didn't take a deposit at the time the tenant moved in ( stupid I know) as I knew the person.  I recently put a new kitchen in the property which gave me a better chance to look at the condition of the property and I felt in light of some of the issues I should have a deposit to protect myself.  The tenancy had a 3 month assured tenancy which ended on the 28th March and is now therefore on a periodic tenancy.

The tenant has also recently got a dog without requesting permission, so I asked the tenant to pay a £500 deposit and suggested they pay the £500 over 6 months to make it more manageable which they agreed to.  I have only received one deposit payment out of the last 4 due.

Where do I stand legally in relation to requesting a deposit at this late stage ?? Can I insist she has another assured fixed term tenancy agreement and request a depot when that commences ?  How can I get round this situation ?

Have you protected the deposit that you've received so far?

NO, I was going to protect the whole amount in august when all the payments were made. should I protect what I have and amend as she gives me more ?

I just need to know how I stand legally before I address the non payment of the deposit instalments

You have to protect the deposit when you receive it. You will have broken the law if you start to receive it in, say, January, and only protect it in August. The whole idea is a bad one here.

Quote from: Hippogriff on May 02, 2018, 11:34:38 AM
You have to protect the deposit when you receive it. You will have broken the law if you start to receive it in, say, January, and only protect it in August. The whole idea is a bad one here.

On the plus side, as deposit protection cockups go, £100 is a relatively cheap way to learn.

If you protect it now, at worst you'll only be on the hook for £300, probably less. Protect it, and serve the Prescribed Information, before you even think about starting another fixed term tenancy or taking a "proper" deposit.

Quote from: annexation on May 02, 2018, 09:20:29 AM

I just need to know how I stand legally before I address the non payment of the deposit instalments

It's a tricky one as deposits are usually taken up front before an action happens rather than in installments.  What does the paperwork you got the tenant to sign say on the matter of instalments, when they're payable, consequences of non payment etc etc?