UK Landlord Forum / Life

Amendments in the Deregulation Act 2015 regarding the tenancy deposit have been made, which means the following:

Deposits taken before April 2007 where the tenancy became periodic after that date
All deposits must now be protected and the prescribed information must be served. You have been given a period of 90 days to deal with this – i.e. until 23 June 2015.

If you protect and serve the PI within this time, the deposit will be treated as if it had always been protected. If you don't, you will be in breach – with no excuses!

Deposits taken after April 2007 that have been protected and the prescribed information served during the original fixed term

These will be treated as if the prescribed information had been served on every renewal or whenever a statutory periodic tenancy arose – even if the prescribed information was served late initially. Provided of course that the deposit continues to be protected with the same deposit scheme.

So you no longer need to keep re-serving the prescribed information. Once will do.


Deposits taken before April 2007 which became periodic before that date
Here you are not in breach of the law and you don't have to protect the deposit now.

However the deposit must be protected or the money returned to the tenant (or the person who paid it) before any s21 notice can be served. Landlords will not be liable for any financial penalty for non protection.

Otherwise – the new rules will not help you if you have failed to protect a deposit taken after April 2007. They were passed just to deal with the problems associated with the Superstrike decision.

Letting agents
The prescribed information rules have also been amended to allow for agents' details to be given instead of landlords' details where the agent is dealing with the deposit.

Source: http://www.property118.com/landlords-rejoice-superstrike-problems/

I just, today, had a tenancy go periodic... I re-served the PI... just in case.  Even though I was aware of this legislation.

Quote from: Hippogriff on March 30, 2015, 01:16:25 PM
I just, today, had a tenancy go periodic... I re-served the PI... just in case.  Even though I was aware of this legislation.

Now that's thorough!

I figured it can't hurt me.