Q&As

In the context of landlord/tenant possession proceedings, after using the section 21 accelerated procedure and obtaining an order for possession, can the deposit (which is correctly being held in a protected scheme) be taken by the landlord in order to recover his legal costs for initiating possession proceedings?

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Published on LexisPSL on 07/02/2017

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

  • In the context of landlord/tenant possession proceedings, after using the section 21 accelerated procedure and obtaining an order for possession, can the deposit (which is correctly being held in a protected scheme) be taken by the landlord in order to recover his legal costs for initiating possession proceedings?

In the context of landlord/tenant possession proceedings, after using the section 21 accelerated procedure and obtaining an order for possession, can the deposit (which is correctly being held in a protected scheme) be taken by the landlord in order to recover his legal costs for initiating possession proceedings?

Since 6 April 2007, all deposits taken by landlords for residential assured shorthold tenancies (ASTs) in England and Wales must be protected by a tenancy deposit scheme (TDS).

For the purposes of a TDS, section 212 of the Housing Act 2004 (HA 2004) provides:

‘...tenancy deposit, in relation to a shorthold tenancy, means any money intended to be held (by the landlord or otherwise) as security for—

(a) the performance of any obligations of the tenant, or

(b) the discharge of any liability of his,

arising under or in connection with the tenancy.’

Pursuant to HA 2004, s 213, the prescribed information

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