If approved, the amendment would ensure that any deemed grant of a statutory periodic tenancy would NOT be treated as being paid or received a tenancy deposit – in effect reversing the primary decision of Superstrike Ltd v Rodrigues  EWCA Civ 669.
215A (1) A tenancy deposit shall not be treated as being paid or received in connection with a shorthold tenancy by reason only of the deemed grant of a statutory periodic tenancy pursuant to the provisions of section 5(1) of the Housing Act 1988 (“the 1988 Act”).
Further, (and I cannot understand why), the amendment will bring all pre April 2007 tenancy deposits into the legislation. Landlords will have three months to protect the deposits and issue the prescribed information from commencement of the amendment which is expected in June 2014.
It seems there is no provision to simply return the deposit before three months which in our view is entirely unfair. We and many others took a conscious decision to cease taking deposits from April 2007 onwards to avoid the absolute mess that is tenancy deposit legislation. Yet here we are being forced into it.
It is also a great shame the opportunity wasn’t taken despite our (and others) communications to sort out prescribed information and for Parliament to produce a simple one page form which would be acceptable to all.
The periodic element does not affect those using our latest assured shorthold tenancy agreements.