Loophole? Landlord not registering our deposit as our contract is a short term lease rather than an AST. Legal?

My understanding is that legally the landlord must register the tenants deposit securely in an independent scheme if they have an AST. But my landlord has asked us to sign a ‘Short Term Lease’ rather than an AST, and thus mentioned that because of this our deposit will be kept secure with him and not with a third party. Is this legal?

Also the short term lease only lists our obligations not his… I have met the previous tenants and they said he was a good landlord who sorted things out. Am I too wary?

Mauri where are you? Because scotland and england & wales have different types of tenancies

I’m in London, England

Yeah I believe if a landlord isn’t creating an AST or other tenancy under the Housing Act then they arent obliged to register the deposit.

Non-ASTs aren’t common though I don’t think for long-term agreements with individuals as tenants. They’re normally used when letting to a company or for a holiday let or things like that, as far as I know.

I’d recommend asking the landlord why they don’t want to sign an AST as the housing act rules should protect both parties.

Hope that helps.



Thanks Graham.

I have done a bit of research and it appears regardless of the contract I am protected as a tenant. The main difference is simply them not needing to register the deposit. I’ve signed it now and I have met him and he seems a nice guy. Fingers crossed things go well and smooth! :slight_smile:

The correct tenancy agreement will depend on your specific circumstances, To be honest I’d be surprised if it wasn’t an AST. What some landlords don’t realise is that you might well have an AST what ever your tenancy agreement says, or if indeed you don’t even have a tenancy agreement.

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