Q&As

A buyer is purchasing a property subject to an assured shorthold tenancy in respect of which the seller did not register the deposit within the 30-day prescribed period. Could the deposit be registered now, and the buyer and tenant enter into an agreement not to take action for the seller's failure to register the deposit within the prescribed period, ie can the parties contract out of the statutory requirement?

read titleRead full title
Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 12/04/2022

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • A buyer is purchasing a property subject to an assured shorthold tenancy in respect of which the seller did not register the deposit within the 30-day prescribed period. Could the deposit be registered now, and the buyer and tenant enter into an agreement not to take action for the seller's failure to register the deposit within the prescribed period, ie can the parties contract out of the statutory requirement?

A buyer is purchasing a property subject to an assured shorthold tenancy in respect of which the seller did not register the deposit within the 30-day prescribed period. Could the deposit be registered now, and the buyer and tenant enter into an agreement not to take action for the seller's failure to register the deposit within the prescribed period, ie can the parties contract out of the statutory requirement?

Section 213 of the Housing Act 2004 (HA 2004) sets out rules governing how a landlord must deal with a tenancy deposit which is paid by their tenant.

These rules include a requirement that the landlord comply with the initial requirements of an authorised scheme within 30 days of being given the deposit and that the landlord provide certain prescribed information to the tenant.

HA 2004, ss 214215 set out the consequences where a tenancy deposit has not been dealt with correctly:

  1. HA 2004, s 214 gives a tenant the right to bring proceedings in the County Court

  2. HA 2004, s 215 provides that a landlord cannot serve a notice requiring possession of the property under section 21 of the Housing Act 1988

HA 2004, s 213(9) makes clear that it is not possible for a landlord and tenant to agree that the

Related documents:

Popular documents