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HJR said: Posted on: 21/08/2014 13:03

I have a tenancy that commenced in 2003. It is now a continuing periodic tenancy. I took a deposit of 425 that is not protected. Was I supposed to protect it when the new legislation came in in 2007? Has the position changed with new legislation since that time?

Also following 6/4/2007 I have a tenancy (May 2007) where instead of taking a deposit I took two months rent upfront - (as advised by RLA at that time). I understand that subsequently courts ruled that the extra months rent was indeed a deposit and so should be protected. The tenant understands that he has not paid a deposit but he pays rent a full month in advance (i.e. pays on 1st Sept for the month of October).

Am I in breach of law in either of these cases?

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