Q&As

A landlord enters into an assured shorthold tenancy for a term of one year and receives a deposit from the tenant but fails to place that deposit in an appropriate tenancy deposit scheme. After the expiry of one-year term the tenancy is renewed and the landlord then places the deposit in an appropriate scheme. Has the landlord complied with its requirements or does it remain in breach for failing to place the deposit in a scheme within three months of receipt? If the latter, is the tenant still able to recover compensation for the original omission at the conclusion of the tenancy agreement?

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Published on LexisPSL on 16/10/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord enters into an assured shorthold tenancy for a term of one year and receives a deposit from the tenant but fails to place that deposit in an appropriate tenancy deposit scheme. After the expiry of one-year term the tenancy is renewed and the landlord then places the deposit in an appropriate scheme. Has the landlord complied with its requirements or does it remain in breach for failing to place the deposit in a scheme within three months of receipt? If the latter, is the tenant still able to recover compensation for the original omission at the conclusion of the tenancy agreement?

Section 213 of the Housing Act 2004 (HA 2004) requires a landlord who has received a tenancy deposit, to register it with an authorised scheme and provide information relating to it to the tenant within 30 days of receiving the deposit (prior to amendment by section 184 of the Localism Act 2011, this was withi

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