Insights & advice

Landlords must comply with new Tenancy Deposit Rules

Landlords Must Comply With New Tenancy Deposit Rules | Middletons Law Firm | Andover Solicitors

Landlords need to ensure they comply with tougher new tenancy deposit rules which came into effect on 6th April

If they fail to do so, they could face fines and find it harder to evict tenants.

The new rules are part of the Localism Act, which redefines the way landlords should protect the deposits given to them by their tenants.

Tenancy deposit schemes were originally introduced in 2007. Under that system, landlords had to protect a tenant’s deposit with a registered scheme within 14 days of the tenancy start date.

If they failed to do so, they could be fined up to three times the amount of the deposit.

However, subsequent court cases watered down the effect of the regulations. It meant that if a tenant discovered that his deposit had not been placed with a scheme, the landlord could sometimes avoid penalties by rectifying the mistake before the court hearing took place.

The new rules take away that safety net. The landlord can no longer expect to escape punishment by complying retrospectively.

The tenant can bring a claim from day 31 onwards if the conditions have not been met so there is no time to waste.

Landlords should also realise that they can’t rely on Section 21 notices to evict tenants if they fail to comply with the tenancy deposit scheme requirements.

The one good piece of news for landlords is that they now have 30 days to protect a deposit for a tenancy begun after 6th April this year instead of just 14 days as required under the original system.

The deadline for compliance for tenancies begun before 6th April is 6th May. Landlords who fail to comply by that date run the risk of penalties and should act as quickly as possible to protect themselves.

Please contact Ingrid Hindle our Commercial Property Expert in our Warminster office on  01985 214444 or  if you would like more information about the issues raised in this article or any aspect of commercial property law.

We provide client focussed legal advice and assistance.

Our solicitors strive to deliver the best advice and assistance and an outstanding customer experience.

We serve our customers right the way across Wiltshire and Hampshire with offices in Warminster, Amesbury and Stockbridge.

Enquire about our services today.

Just a short note to once again express my sincere thanks to you, Sue and the M&U team, for all your help, cooperation and first class professional support. I am most grateful to you all.

Chris Stephenson, Warminster

Middletons Solicitors uses cookies to ensure that we give you the best experience on our website. If you continue we assume that you consent to receive all cookies on this website.