Since the introduction of Tenancy Deposit Protection, a number of court cases interpreted the legislation which changed the whole meaning of why tenancy deposits should be protected. The cases changed the Court’s ability to award compensation for tenants against landlords who had failed to deal with the deposit as they should lawfully do so. The new rules governing tenancy deposits are likely to come into effect in April 2012.

What does this mean for Landlords?

• All deposits must be placed into a Tenancy Deposit Scheme - and there can be no exceptions.

• The deadline for complying with the scheme requirements will be extended from 14 days to 30 days following receipt of a deposit.

• Information about where the tenancy deposit has been placed must be given to the tenant, or any person who has provided the deposit, within 30 days of the deposit being received.

• Compensation can be claimed by the tenant if the regulations are not followed – this applies even where the tenancy has now ended.

• There will no longer be a mandatory penalty - Courts will be able to use their discretion when awarding for an unprotected deposit.

• If a landlord has failed to pay the deposit into a Tenancy Deposit Scheme within 30 days, they cannot use a Section 21 Notice at all during the tenancy agreement.

For more information on Tenancy Deposits, go to:
https://www.gov.uk/tenancy-deposit-protection

http://www.dashservices.org.uk/Media/Default/Docs/landlord%20library/TDP.pdf

First published: April 2012

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