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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In may 2007, I entered into assured short hold tenancy agreement

Resolved Question:

In may 2007, I entered into assured short hold tenancy agreement with a limited company. On the agreement the named tenant is in the name of the company, I have always received the rent from the company bank account. All the bills such as council tax, and electric bill were in the name of the company and I know that they were paying a commercial tariff and not residential on the electric bill.I have always believed it to be a company let. For this reason I did not place the deposit in a tenancy deposit protection plan.

Can they sue me for three times the deposit for not placing the deposit in a tenants deposit plan?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is the tenancy in the name of the indivual or the company please?
Customer:

I As the landlord the tenancy is in my personal name. The tenant's name is ***** ***** of the company.

Alex Watts :

You can't have an AST in the name of a Company

Alex Watts :

The Housing Act only allows them in an individuals name

Alex Watts :

Therefore you dont need to protect a deposit, because its not an AST

Alex Watts :

So no, they can't sue for for x3 the deposit.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you