The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
Since 6 April 2007, a landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) within 30 days of receipt of a deposit in respect of an assured shorthold tenancy (AST). The requirements are to provide the tenant and any relevant person (meaning someone who pays the deposit on the tenant's behalf) certain prescribed information about the TDS, the deposit and the AST. Failure to do so will prevent the landlord from serving a valid notice pursuant to section 21 of the Housing Act 1988 to determine the AST, and the landlord may be liable for the payment of a fine equivalent to up to three times the value of the deposit.
There are two types of TDS: insurance and custodial schemes. Under an insurance-based scheme, the tenant pays the deposit to the landlord, who retains it and pays a premium and administration fee to the scheme administrator. The lan
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.