Tenancy renewed with one tenant replaced - deposit protection?

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8 Posts
11 years ago
In August 2010 our tenants were enrolled to the TDS. In August 2011 the tenancy agreement was renewed for a further year but with one of the two tenants being replaced by another. The lead tenant on the deposit protection certificate remained at the property.

The tenants have now moved out with rent arrears and claim that because they were not re-enrolled to the TDS when the tenancy renewed with a replacement tenant, that we are not covered by the TDS to reclaim the rent from their deposit.

Are we still legally covered by the TDS as the lead tenant on the original certificate in 2010 has not moved out of the property and the new legislation regarding deposit protection renewals did not come into force until April 2012?

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