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.
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:
- Log in to your account
- Select the tenancy in question
- 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