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Tenancy deposit protection - long tenancy

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Author Topic: Tenancy deposit protection - long tenancy  (Read 177 times)
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« on: March 03, 2022, 08:13:16 AM »

Hi - I am starting to panic.
I have tenants in place who have given notice for the end of May.
They have been tenants since 2013 and have been very good, no issues at all.
I have put the rent up 4 times across the tenancies and asked them to sign new ASTs. Where the rent hasnt gone up the tenancy has rolled into a SST.
I am selling the house.

I am a landlord of only one property and have always been fair with them.
However I have never protected the deposit - i just didn't realise i had to.

Now I am panicking because I am not entirely sure how many deposits they can claim against for breaches if they get wind of the possibility. 

so is it scenario a:

they had one deposit in 2013 for 1300 whihc was never protected
is this one breach? and has the statue of limitations now past?

or

is it one breach per tenancy and the statue of limitations only counts from the moment they leave?

I am lost as to what to do here and very nervous i am going to get a massive bill.

Can anyone help?

Thanks

Penny
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« Reply #1 on: March 03, 2022, 03:05:40 PM »

One breach per new AST / renewal.
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« Reply #2 on: March 03, 2022, 03:08:04 PM »

Thank you - but will that go back six years or to the very start of the tenancy in 2013?
you can imagine I am worried
i only put the rent up four times in all that time but if they get the idea that they can get compensation they will do it i am sure
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« Reply #3 on: March 03, 2022, 03:08:31 PM »

Plus one per statutory periodic tenancy.

Six years limitation on claims.
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« Reply #4 on: March 03, 2022, 03:12:39 PM »

i only put the rent up four times in all that time but if they get the idea that they can get compensation they will do it i am sure

It won't go back as far as 2013, no.

Still, if the Deposit was valued at 1,300 you could be in for a hard time. Obviously however frequently you put the rent up isn't relevant to this situation.

All that's relevant was whether you protected the Deposit... and you didn't. Hopefully they aren't aware, and don't have a chat with an old chum down the pub who makes them aware... then, as each year passes your exposure becomes less.
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« Reply #5 on: March 03, 2022, 03:27:59 PM »

thank you both again so to be clear even though they actually paid the deposit in 2013 they wouldnt be able to claim from that point, just for whatever tenancy agreements were signed in the last six years?
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« Reply #6 on: March 03, 2022, 07:37:49 PM »

If you did not know about protecting the deposit (pretty basic stuff if you had done any homework) have you carried out all the other legal requirements such as EPC's,annual gas safety checks,electrical inspection? I would be amazed if your tenants don't know that deposits have to be protected by law,but they may not realise they can claim money from you.I would return their deposit promptly without quibbling about any deductions,and hope for the best. 
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« Reply #7 on: March 05, 2022, 02:35:56 PM »

thank you for the advice. I do intend to return deposit.

Can anyone confirm definitely that compensation cant be claimed for 2013-2016?  I have looked at loads of case studies online but there doesnt seem to be any agreement.
i dont want to prolong this thread so apologies - this is the 1 thing i am still not clear about

penny
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« Reply #8 on: March 05, 2022, 03:12:07 PM »

Several of us have confirmed that.
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« Reply #9 on: March 05, 2022, 05:57:41 PM »

https://www.legislation.gov.uk/ukpga/1980/58/section/9
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