The following Property Q&A provides comprehensive and up to date legal information covering:
This Q&A assumes the question relates to a tenancy within England.
Within 30 days of receipt of a rent deposit, the landlord must comply with the initial requirements of the tenancy deposit scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf (ie the ‘relevant person’)) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended) and Practice Note: Tenancy deposit schemes). Failure to do so has potential consequences.
Under HA 2004, s 215 a landlord cannot recover possession of its property by serving notice under section 21 of the Housing Act 1988 (HA 1988) (section 21 notice) at any time when:
the deposit is not held in accordance with an authorised TDS
the initial requirements have not been complied with, and
the prescribed information has not been given
However, the restriction on service of a section 21 notice does not apply where:
the deposit has been returned to the tenant in full or less agreed deductions, and
the tenant has brought a claim which has been determined by the court, withdrawn or settled
Note also that failure to register a deposit, or to comply with the initial requirements, is not a bar to service of a notice under HA 1988, s 8.
**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
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
The Financial Conduct Authority Handbook (FCA Handbook) includes sourcebooks to regulate the conduct of business by a regulated firm relevant to insurers: the Conduct of Business Sourcebook (COBS) and the Insurance Conduct of Business Sourcebook (ICOBS). This Practice Note considers how these
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.