Tag Archives: deposits

Deregulation Act 2015

The long awaited Deregulation Act received Royal Assent on Thursday 26 March 2015 and provides an immediate amendment of the law in relation to tenancy deposits. These changes are very welcome for landlords following the flurry of cases following Superstrike v Rodrigues. The Superstrike amendments: If the deposit was received before 06 April 2007 and […]

Spencer v Taylor and Superstrike v Rodrigues revisited.

Spencer v Taylor [ 2013] EWCA Civ 1600 The Court of Appeal ruled that when serving notice on a tenant in a statutory periodic tenancy, provided there was once an initial fixed term, Landlords may serve valid notice by giving not less than two months’ written notice i.e according to the provisions of section 21 […]

Agents signing prescribed information

We are running out of titles for deposit blogs. We have had some queries regarding a court case in which possession proceedings were thrown out because the Prescribed Information had been signed by the agent, not the Landlord. This is unreported and we do not know exactly what went on although it has been reported […]

Another Deposit case

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013) So what’s the big deal? The facts: On 12 January 2007, Mr Rodrigues entered into a fixed term tenancy agreement for a year less one day. The deposit was not protected as the compulsory tenancy deposit legislation (which required landlords to protect the deposit […]

Not another Deposit case!

Taking six months’ rent up front is not a deposit, the Court of Appeal has ruled in Johnson & Ors v Old [2013] EWCA Civ 415. The facts will strike chords with many agents and landlords: the rent was expressed to be £950.00 per month, payable in advance (standard AST practice), with the first six […]

Deposit News

1 April 2013 has seen more changes to deposit protection. There are now four authorised schemes: TDS, DPS and mydeposits have been joined by Capita tenacy deposit protection scheme . This is an insurance based, rather than custodial scheme, meaning that the deposit is held by the agent or landlord. It’s all change in the […]

Trips and slips with Section 21 Notices

The agent, landlord or lawyer must comply with the requirements of the deposit protection rules. To serve a valid section 21 notice the deposit must be protected and prescribed information served pursuant to section 213 of the Housing Act 2004 as amended by the Localism Act 2011 within thirty days of the tenancy starting or […]

Deposits: so what is next?

We continue to receive many enquiries relating to deposits and the effect of changes brought in by the Localism Act. It seems clear that the Courts are aware of the requirements generally and certainly the experience we have is that Judges are alive to the issues and are considering them. The up to date Accelerated […]

I Haven’t Protected the Deposit? What can I do?

As regular readers of this blog will be aware the 6th April 2012 saw the amendments made to the Housing Act 2004 by the Localism Act 2011 come into force. Prior to these changes various court decisions (in particular Tiensa v. Vision Enterprises Ltd [2010] EWCA Civ 1224 and Gladehurst Properties Ltd v. Hashemi [2011] […]

Why do I need a tenancy agreement?

The simple answer to this question is that for most circumstances you do not strictly need a written agreement however if you don’t this can have unintended consequences! As regular followers of the blog will know the starting point for determining the terms and what you should do in a particular instance is the tenancy […]

Common Questions- “Olympic Lets”

1. Are the tenancies ASTs? Most of you will be aware that for an AST the conditions are that the property is let to an individual who will use it as their principle home. Many Olympic visitors will be here in the UK on holiday therefore it is safe to assume that they will not […]

The Localism Act

Most landlords and agents are aware of the current provisions relating to tenancy deposit protection under the Housing Act 2004. Many will also be aware of the damage that has been done to the provisions by the many, many, many, many court decisions. As a reminder two of the Court of Appeal decisions: Tiensia v […]

TDS

We have blogged on the issues surrounding the release of Deposits following possession proceedings here. Many of you will be interested to note that the TDS have replied to this blog here.

oooooooooooooh more options!

A short blog to highlight to readers that TDS and the Residential Landlords Association have created a fourth tenancy deposit scheme with price structures that are targeted at private landlords. The scheme is called Deposit Guard and the scheme will not charge an annual subscription fee or joining fee. For more information click here.

All very frustrating, but what are the options?!

Painsmith has recently encountered the Kafkaesque world of the tenancy deposit protection schemes, specifically the DPS and its new rules relating to the release of the deposit following a court hearing. DPS is currently refusing to release deposits where the courts have not specifically ordered it and they have changed their rules to reflect the […]

Sentencing…

This not really a heading that one would expect on a Landlord and Tenant blog but with the country up in arms in many cases about the sentencing of the rioters and the recent Court of Appeal decisions we thought it prudent to mention the case of Premier Places. Brandon Weston and David Christopher Williams […]

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