Jump to content
House Price Crash Forum

Tenancy Deposit Rules Fixed


gadget
 Share

Recommended Posts

Ok, people on here may know that the tenancy deposit scheme had been gutted by a couple of court rulings that made the consequences of not registering a deposit immaterial.

Seems this has been fixed

http://www.landlordlawblog.co.uk/2011/09/19/tenancy-deposit-protection-forthcoming-changes-in-the-localism-bill/

http://www.propertyhawk.co.uk/index.php?page=magazine&id=542

Basically now the landlord has 30 days to register the deposit and provide the proscribed information.

If they don't then even if they register later they'll still be liable for (up to) 3 times the deposit. And they'll only be able to serve a section 21 if they give the deposit back first.

Edit: Corrected the second link

Edited by gadget
Link to comment
Share on other sites

Ok, people on here may know that the tenancy deposit scheme had been gutted by a couple of court rulings that made the consequences of not registering a deposit immaterial.

Seems this has been fixed

http://www.landlordlawblog.co.uk/2011/09/19/tenancy-deposit-protection-forthcoming-changes-in-the-localism-bill/

http://www.landlordlawblog.co.uk/2011/09/19/tenancy-deposit-protection-forthcoming-changes-in-the-localism-bill/

Basically now the landlord has 30 days to register the deposit and provide the proscribed information.

If they don't then even if they register later they'll still be liable for (up to) 3 times the deposit. And they'll only be able to serve a section 21 if they give the deposit back first.

Nice one, thanks for posting :)

Link to comment
Share on other sites

If the judiciary don't like it, they'll subvert it again.

I do not think it was a case of the judiciary subverting it but of having to follow the words of the Act despite the fact that the results were odd or contrary to the intention of the Act. At least one dissenting judge said that he felt he could not interpret the Act literally, but in view of the clear words the court decisions were right and in accordance with legal commentaries made before the decisions. When I say "clear words" I mean clear when looked at carefully, because the defects were not immediately apparent. The fault, if any there be, lies with the draftsman of the Act. It just goes to show how tricky legal drafting is.

Link to comment
Share on other sites

Ok, people on here may know that the tenancy deposit scheme had been gutted by a couple of court rulings that made the consequences of not registering a deposit immaterial.

Seems this has been fixed

http://www.landlordlawblog.co.uk/2011/09/19/tenancy-deposit-protection-forthcoming-changes-in-the-localism-bill/

http://www.propertyhawk.co.uk/index.php?page=magazine&id=542

Basically now the landlord has 30 days to register the deposit and provide the proscribed information.

If they don't then even if they register later they'll still be liable for (up to) 3 times the deposit. And they'll only be able to serve a section 21 if they give the deposit back first.

Edit: Corrected the second link

Hmm - transferreed our deposit on the 26th March - got notice of protection on the 14th April -more than 14 days - illegal?

Link to comment
Share on other sites

  • 5 weeks later...

The other thing which has changed subtley is that the compensation for non compliance will no longer be fixed at 3 times the deposit but will be between 1 and 3 times the deposit amount, the exact amount being at the judge’s discretion.

Also worth mentioning is that unless the deposit was registered, then the landlord cant issue a section 21 (so if your tenant refuses to leave at the end of a fixed term tenancy the landlord could be well out of pocket and end up with a sitting tenant).. full break down of the changes on http://www.evictions-southeast.co.uk if anyone is interested .

Would be interested to hear of any more recent cases affected?

Link to comment
Share on other sites

The other thing which has changed subtley is that the compensation for non compliance will no longer be fixed at 3 times the deposit but will be between 1 and 3 times the deposit amount, the exact amount being at the judge’s discretion.

Also worth mentioning is that unless the deposit was registered, then the landlord cant issue a section 21 (so if your tenant refuses to leave at the end of a fixed term tenancy the landlord could be well out of pocket and end up with a sitting tenant)..

No he can't. He fixes the problem by registering (or returning) the deposit - simples

tim

Edited by tim123
Link to comment
Share on other sites

  • 3 months later...
  • 1 year later...

Hi can anyone help me understand if the rules on tennacy deposit protection apply in my case. We started tennacy back in 2006 before the deposit rules were introduced, we renewed contract couple of times six months at a time and went on a rolling month by month contract in September 2008. My landord has never written to say that they have protected my deposit since these rules but as my tennacy started in 2006 does it apply in this case?

I have had a good record with them up until now, but they have got on my nerves recently, the place I live in is up for sale and has been for 2 years now with very little interest, the deal was we would stay renting until they found a buyer, when they do have viewings we are pretty accomodating. But today they been hassling me becasue i said i wasnt ok with a viewing this saturday as i have some really important uni work to do and i dont want to be disturbed. Well they wont leave me alone now crying that they gona miss there sale, blah blah. I did say if person really interested they will come another time, i had loads of viewings unable to do a date i wanted it didnt put me off if i was interested.

Link to comment
Share on other sites

  • 5 years later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share

  • Recently Browsing   0 members

    No registered users viewing this page.





×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.