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RENTERS - have you been sent a cheque from the deposit protection people?!!

3 replies

Pacificallythespecific · 15/06/2019 12:19

On another forum there are a few tenants who’ve been sent a cheque due to the new tenancy deposit rules. If you paid more than 5 weeks rent as a deposit the extra is being returned in a cheque as they aren’t allowed to keep the extra money anymore.

I must be due a cheque as I paid £1500 on a £870 rent!

OP posts:
HotChocolateLover · 15/06/2019 12:26

Never but I left my final rental last August. Don’t know when the rules changed.

Paddingtonthebear · 15/06/2019 12:26

It only applies to new tenancies from 1st june or tenancies that are renewed after 1st June I think?

Paddingtonthebear · 15/06/2019 12:30

Q: If a tenant paid a tenancy deposit which exceeds the 5 week cap before 1 June 2019, does the landlord need to re-pay the amount of the deposit above the cap?

No. Landlords and letting agents are not obliged to immediately refund part of a tenancy deposit that is above the cap but was paid before 1 June 2019. If a tenant signed a tenancy agreement before 1 June 2019 (and that tenancy is continuing or is a statutory periodic agreement) then the tenant will be bound by the terms of that contract until it is either renewed or terminated.
However, if a renewal is done on or after 1 June 2019, any excess of the deposit must first be repaid because where there is a renewal the deposit is deemed to have been received again (Superstrike Ltd v Rodrigues [2013] EWCA Civ 669).

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