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Landlord and tenant update

Tessa Shepperson reviews the effectiveness of tenancy deposit regulation, including the de facto unenforceability of landlords’ financial penalties, and whether the new provisions in the Localism Act will make a difference at all

10 April 2012

Tenancy deposit regulation is a case of ‘if at first you don’t succeed, try, try and try again’.

It came onto the statute book with the Housing Act 2004 and the regulations came into force in April 2007. However as the cases started to hit the courts it became clear that things were not working out as planned. Something had to be done.

Tenancy deposit had been a long time coming, and for years tenants organisations have been complaining about landlords pocketing deposit money for no good reason.

I wrote about this in an earlier article in December 2010 (see ‘Wear and tear’, Solicitors Journal Property Focus, December 2010).

When regulation finally arrived, it did four main things. It:

1. Required all deposits to be protected with a government authorised tenancy deposit scheme within 14 days of receipt

2. Required landlords and agents to serve prescribed information on the tenant, again within 14 days

3. Made 21 notices u...

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