As things start to calm again after Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 for obvious reasons we are getting lots of requests for information.
We have therefore produced for the benefit of our members and accredited landlords a guidance document which covers all the scenarios we can think of including the following:
- Deposits held and unprotected that were taken pre 6 April 2007
- Deposits taken pre 6 April 2007 where tenancy went statutory periodic after that date
- Currently protected deposits where tenancy is still in fixed term
- Currently protected deposits where tenancy turned statutory periodic
In addition, the guidance offers a summary of the case based on our article covering Superstrike Ltd v Rodrigues and also covered is practical advice:
- Should prescribed information be issued again?
- What should be done about pre April 2007 deposits?
Finally, there are details about our tenancy agreements which do not require prescribed information to be given again when it goes periodic even if the speculation is found to be correct (which we doubt)
Guild members can read the guidance below or it is available in PDF format here.
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Just on that comment ‘You must not protect the deposit (if that is your preferred choice) without first granting a renewal because simply protecting a deposit late will not have the desired effect.’
Does this mean then have to renew new TA? what if tenant wont agree and sign? and what if tenant wont accept deposit back?
Have you seen the changes made by Deregulation Bill?