Andrew Perriman Fee Earner

Superstrike – what it did for Landlords Implemented draconian measures in relation to Tenancy Deposits Amendments were made in the Localism Act 2011 However rules remained the same The Horror of Tenancy Deposits

AST-Statutory Periodic (the current effect) Start of tenancy (AST) Requirement to protect a deposit if paid s.213 HA 2004 Requirement to issue prescribed information AGAIN Commencement of Periodic Requirement to issue prescribed information Requirement to protect a deposit if paid s.213 HA 2004 AGAIN

AST – NEW AST (the current effect) Start of tenancy (AST) Requirement to protect a deposit if paid s.213 HA 2004 Requirement to issue prescribed information AGAIN Issuing a new AST upon expiry of old AST Requirement to issue prescribed information Requirement to protect a deposit if paid s.213 HA 2004 AGAIN

What is changing? The Deregulation Bill/Act 2015 is on its second reading in the House of Lords and likely to come into force in April. It sets down new rules/legislation in terms of Tenancy Deposits The new rules/legislation refers to Deposits Pre 6 April 2007 and Post 6 April 2007 Few deposits held in relation to tenancies and few tenancies remain Pre 6 April 2007.

Deregulation Act 2015 Introduces s.215A and s.215B S.215A relates to ‘deposits received before 6 April 2007’ It provides for a 90 day grace period from the commencement of the Act to protect the deposit. S.215B relates to ‘deposits received after 6 April 2007’

If a deposit has been received in connection with an AST and a new tenancy is created either by statutory periodic, or the issuing of a new AST the deposit remains protected as long as… (s.215B 4) (a)The landlord and tenant immediately before the coming to an end of the earlier tenancy are the same landlord and tenant at the start of the tenancy, and (b) the premises let under both tenancies are the same or substantially the same. S.215B

What will it mean? Start of tenancy (AST) Requirement to protect a deposit if paid s.213 HA 2004 No requirement to re- issue the information Commencement of Periodic Requirement to issue prescribed information No requirement to re-protect

Issuing new AST Start of tenancy (AST) Requirement to protect a deposit if paid s.213 HA 2004 No requirement to re- issue the information Issuing a new AST upon initial AST Ending Requirement to issue prescribed information No requirement to re-protect Providing s.215(4) (a) and (b) are complied with

Questions If in doubt seek legal advice.

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