Legal Update - Deregulation Act - Tenancy Deposits

The long awaited Deregulation Act received Royal Assent on Thursday 26 March 2015 and provides an immediate amendment of the law in relation to tenancy deposits.

These changes are very welcome for landlords following the flurry of cases following Superstrike v Rodrigues.

The Superstrike amendments:

• If the deposit has not been protected, the landlord now has a period of 90 days from 26 March 2015 (or before the Court hearing to determine a tenant claim for compensation or to determine the landlord’s claim for possession under s.21, whichever is the earlier) to protect the deposit and serve the prescribed information.

• If the deposit was received after 06 April 2007 -  If the deposit has been protected and the prescribed information served at the outset, provided the deposit remains the same with the same scheme, the landlord will be treated as if he/she has complied. There is no need to re-protect the deposit and/or re-serve the prescribed information on renewal or roll over into a period tenancy.

• If the deposit has not been protected at all, the Act doesn’t change the landlord’s liability.

There are further amendments to the Housing Act that the Deregulation Act 2015 introduces - as Shropshire Letting Agents and property management experts Nock Deighton will ensure that all new legislation is complied with.