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Landlord Legal Issues

Q. I rent out the basement flat in the house where I live. My tenant is complaining that I have not protected her deposit. Do I need to do this?

A. No. As the tenant is renting out self-contained accommodation in the property where you, the landlord, have your only or principal home, then this is a common law tenancy. The tenancy deposit regulations only apply to Assured Shorthold Tenancies.

Note also that deposits taken from lodgers are also not subject to the regulations as lodgers are not tenants.

Q. My tenant paid the deposit two weeks ago and I forgot to protect it. How long after my tenant pays the deposit do I get to do this?

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