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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi i have not registered the tenants deposit. Complete oversight.

This answer was rated:

Hi i have not registered the tenants deposit. Complete oversight. Usually the lettings agency would do this for me. my tenants are due to move out 2/7/10

I am about to do this now- but have read if the rent is over £25000 per year i do not need to do so. My rental income for the flat i rent out is around £29K. and i have converted my house into two units with 2 separate entrances. I live in the basement flat and the tenants above. However, this is registered with land registry as 1 single house.

What would you advise i do? do i need to register the deposit withe the tenancy deposit scheme? the agreement only mentions
for letting a house on
a contractual tenancy@




Thanks for your question.


How is the 29k rental income constituted, does it all relate to one assure shorthold tenancy or a number of ASTs?


Has the agent lodged the deposits in the past and provided this service as part of their overall agency services to you?


Kind regards,



Customer: replied 6 years ago.

I have 1 contract for 4 students.


The agreement does not state AST anywhwere!

only -



'Agreement for letting a house on a contractual tenancy'


In the past i have used a different agency who have registered the deposit. I do not think that this agency provide the service.









Thanks for the reply.


If the £29, 000.00 pa income is derived from only one tenancy agreement then it cannot be an assured shorthold tenancy agreements. Any tenancy agreement from which the rent is over £25, 000.00pa cannot be an asured shorthold tenancy. You did not and do not have to lodge the deposit in a TDS.


If the rent were less than £25, 000.00 then you would have had to have lodged it and could have been looking at return the deposit to the tenants regardless of the state of repair of the property and paying a fine to them of three times the deposit amount. It does not matter that the tenancy agreement does not state itself to be an AST, all residential tenancies at rents less the £25k pa are automatically ASTs unless you serve the required form of notice upon the tenants prior to occupations stating that the tenancy is not to be an AST.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,





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Customer: replied 6 years ago.
<p>Hi,</p><p> </p><p>This deposit was transferred to my account and was not stakeholder (Chersterton Humbers agent told me it had to be pls note chesterton humberts were not the agents) does this matter?</p><p> </p><p>Regards,</p><p> </p><p>Customer</p>

On the facts, it does not impose an obligation upon you to lodge it with an TDS.


You may wish to check with the agent that he was aware that rents from one tenancy agreement that are over £25, 000.00 cannot be assured shorthold tenancy agreements.


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