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TDS: Gardner vs McCusker – Recent court ruling on serving prescribed information

RLA
Written by RLA

You may be familiar with the ruling in Superstrike vs Rodrigues last year. In this important case the Court of Appeal ruled that when a fixed term tenancy ends and the tenant continues to rent under a statutory periodic agreement, a new tenancy has been created…

You may be familiar with the ruling in Superstrike vs Rodrigues last year. In this important case the Court of Appeal ruled that when a fixed term tenancy ends and the tenant continues to rent under a statutory periodic agreement, a new tenancy has been created.

The possible implication when protecting deposits was that new prescribed information must be served whenever a statutory periodic tenancy comes into effect.

Whilst there was some uncertainty over if and how judges might apply this logic, a county court has now done so in the case of Gardner vs McCusker. By failing to serve new prescribed information at the start of a statutory periodic tenancy Gardner was in breach of the Housing Act 2004.

You can read about the Gardner vs McCusker in more detail here.

We advise members that to avoid the risk of non-compliance with the Housing Act, you serve new prescribed information when a statutory periodic tenancy is created.

Important reminder to end protection

We would like to remind landlords of the importance of ending deposit protection when your tenancies end.

Because the deposits are protected by insurance, keeping accurate up to records helps keep TDS the best value scheme.

To end the protection of a deposit simply:

  1. Log in to your account
  2. Select the tenancy in question
  3. Select ‘End Tenancy’ from the quicklinks menu on the right.

Thank you for your cooperation, and if you have any questions please contact our customer contact centre who will be happy to help. 0845 226 7837  / 01844 262 891

Further Information

About the author

RLA

RLA

The Residential Landlords Association (RLA) represents the interests of landlords in the private rented sector (PRS) across England and Wales. With over 23,000 subscribing members, and an additional 16,000 registered guests who engage regularly with the association, we are the leading voice of private landlords. Combined, they manage almost half a million properties.

1 Comment

  • We have been advised that our contracts extend and do not end our original fixed tenancy into contractual periodic tenancy. Thereby negating the need to represent prescribed information.

    The end result will be increased costs through increased administration resulting in higher rents and no real additional security for tenants.

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