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ARTICLE · 20 FEBRUARY 2015

Tenancy Deposits Clarified

Reed Smith (Worldwide)
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It is now the best part of a decade since the tenancy deposit protection provisions in the Housing Act 2004 (the "Act") came into force on 6 April 2007.

United KingdomReal Estate and Construction
Sarah Frost
Sarah Frost
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It is now the best part of a decade since the tenancy deposit protection provisions in the Housing Act 2004 (the "Act") came into force on 6 April 2007. A string of Court of Appeal decisions resulted from ambiguities and inconsistencies in the Act and later regulations (the Housing (Tenancy Deposits) (Prescribed Information) Order 2007). 

As part of the Deregulation Bill, Parliament are seeking to amend the existing legislation to clarify the law. The key practical point for landlords is the clarification of the rules as they apply to tenancy deposits received prior to 6 April 2007 which are still held by the landlord or agent under tenancies which have continued or been renewed informally.

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