Does A Deposit Cheque Have to Be Presented to Be Returned?
Where a tenancy deposit has been paid in connection with an assured shorthold tenancy and in order to be able to serve a section 21 notice, the deposit must have been protected – normally within 30 days. Where this is not the case, the only way to be able to...Deposits Taken Before April 2007 and Section 21 Notices
Since Superstrike we look at most deposit cases that have not been answered yet and assume what is the very worst outcome possible and what was the least intention of Parliament. Once you start to think like that, you generally arrive at the correct answer to the...Proposed Tenancy Deposit Legislation Amendment – Deregulation Bill
Please note, there has been a number of amendments a few hours after publication and this article should be read again if it was read on the day of publication (26 June 2014). See the new summary below We reported a month ago about a proposed amendment to...Deposit Prescribed Information At Statutory Periodic Tenancy And Superstrike
As many will know, the case of Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 says that when a statutory periodic tenancy arises, a new deposit is in effect received because the statutory periodic is a brand new tenancy. As a result, many commentators suggest that as...Guild AST for use with DPS
We’re really sorry but only subscribers may ask a question or view the answers. Please login or signup to ask a questionUn-securing and re-securing DPS deposits
We’re really sorry but only subscribers may ask a question or view the answers. Please login or signup to ask a questionMyDeposits To Automatically Un-Protect Certain Deposits Where Statutory Periodic Tenancy Arises
MyDeposits has announced that it is to automatically unprotect some deposits where tenancies turn statutory periodic from the winter of 2013 / 2014 Unless landlords or letting agents take some action. No actual date has been announced. According to their website: You...Capita Tenancy Deposit Scheme Ceased Trading
Thanks to David d’Orton-Gibson for pointing out to us today that the tenancy deposit scheme operated by Capita has ceased trading. Their website now says: Capita Tenancy Deposit Protection is no longer accepting new deposits with effect from 14th...Possession order overturned because Prescribed Information had agent’s name on it
Possession order overturned because Prescribed Information had agent’s name on it An order for possession has been set aside by a court on the basis that the Prescribed Information did not contain the landlord’s name and address. Instead, it showed the agent’s...What to do now guidance after Superstrike Ltd v Rodrigues
This article may be out of date as major changes have been introduced from 26 March 2015. See our article about the Deregulation Act 2015. As things start to calm again after Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 for obvious reasons we are getting lots of...Superstrike Ltd v Rodrigues – A Mini Rant and Reflection
It would seem all the talk currently is about Superstrike Ltd v Rodrigues [2013] EWCA Civ 669. I thought today we would provide a few more thoughts on this now that things have had time to settle and also explain why we are especially concerned with comments made in...Older Tenancies – Superstrike Ltd v Rodrigues 2013
Normally, questions go to our ask a question part of the website but this question received early this morning sums up the case from Friday (Superstrike Ltd v Rodrigues) perfectly and shows that perhaps there will be more landlords affected than first thought. We have...Deposit Protection for Statutory Periodic Tenancies and Renewals – Superstrike Ltd v Rodrigues 2013
Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013) is a worrying case which fundamentally changes previous thinking on certain aspects of tenancy deposit legislation and in particular landlords duties. Background The landlord granted a tenancy to the...Tenancy Deposit Prescribed Information – Ayannuga v Swindells
We have already reported on the case Ayannuga v Swindells (2012) CA (Civ) 6 and in that article we promised to go slightly more in-depth with the case when we got a moment. As it turns out the summary was pretty close so we haven’t felt the need to rush this through....
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