Q&As

A landlord failed to protect a residential tenancy deposit. Some of the deposit monies were allocated towards rent. When protecting the deposit at a later date, does the original amount of the deposit have to be protected, or the amount that is left?

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Published on LexisPSL on 24/02/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord failed to protect a residential tenancy deposit. Some of the deposit monies were allocated towards rent. When protecting the deposit at a later date, does the original amount of the deposit have to be protected, or the amount that is left?

A landlord failed to protect a residential tenancy deposit. Some of the deposit monies were allocated towards rent. When protecting the deposit at a later date, does the original amount of the deposit have to be protected, or the amount that is left?

Section 212 of the Housing Act 2004 (HA 2004) provides for the creation of a national ‘tenancy deposit scheme’. The scheme applies to any deposit paid in connection with an assured shorthold tenancy (AST), see: HA 2004, s 212(1).

There are two types of authorised arrangements for the holding of such deposits. HA 2004, Sch 10 provides that a tenancy deposit scheme must be either:

  1. a custodial scheme

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