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Ask Ash Your Own Question
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Ash is online now

hello I am a tenant who has just moved out of a large house.

Customer Question

hello I am a tenant who has just moved out of a large house. we initially had our deposit in a custodial deposit scheme protected by DPS under our first 9 month shorthold tenancy agreement. This agreement then came to an end and was replaced by a second agreement, which was terminated a year later by the landlord.
two questions:
1. Since the deposit was not reprotected for the new tenancy agreement, was this a breach of the law and could we take this to the county court; and
2. We stayed on an extra two weeks after the termination of the contract and the landlord is now trying to deduct 'mesme profits' from our deposit, is this a legal deduction?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help with this.
Alex Watts : Did the deposit not remain in the scheme please?
Customer : Please see my reply to your question
Alex Watts :

I cant see it?

Customer : Ok, the deposit is custodial and remains with DPS related to the now expired first tenancy agreement, ps was never notified tht a new agreement had ben signed. It seems to me that this contravenes recent rulings on this subject?
Alex Watts : 1. If the deposit was protected and remains so, this is not illegal.
Alex Watts : 2. The landlord can't deduct mense profits from it no
Alex Watts : But if it is in a scheme then that in itself is not illegal whilst you are in occupation
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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