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When I renew a tenancy should I re-protect the deposit?

Question

I have a lovely tenant, and happily they are staying in place in my property. The tenancy agreement is rolling onto a periodic, do I have to do anything with the deposit, or reissue the prescribed information?

Answer

Great news about your tenant, it’s always great when you have someone who wants to stay in place.

This is a tricky topic, as there is some debate depending on the type of tenancy that the tenant is moving on to. A tenancy turning periodic does not signal the end of a tenancy, so there is no need to re-protect of reissue documentation to your tenant.

This theory can raise some eyebrows, (it is considered that the end of the initial fixed term would, understandably, signal the end of one tenancy, and the start of the periodic signal the start of another). However, the deregulation act states that is a deposit was received on or after the 6th April 2007, and protected correctly (and the tenant issued with the correct prescribed information) there is no need to re-protect not issue prescribed information again on renewal or the start of a periodic tenancy as long as:

  • The tenant, landlord and property remain the same
  • The deposit scheme remains the same
  • Prescribed information includes correct details of a person representing the landlord.

In your situation, as your tenancy is going periodic, you will not have to make any changes. If your tenant starts a new fixed term contract however, this does signal the end of one contract, and the start of a new one, so you would have to re-protect the deposit.

It is important to be aware of when you do need to make changes. The instances in which you would need to re-issue prescribed information are:

  • A change of tenant: if your tenant moves out and is replaced, or is a new tenant moves in (a partner/housemate for example)
  • A change of landlord: If you sell your property or are joined within your organisation by another landlord.
  • You change the deposit scheme that the money is held in: If you chose to move your tenant’s deposit from one of the government backed schemes to another one.
  • The tenancy address changes: if you have additional properties, and your tenant moves to one of these.

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