Any landlords with tenants whose tenancies commenced and deposits received by them before the provisions of sections 212 to 215 of the Housing Act 2004 came into force on 6th April2007 (as amended by the Localism Act 2011) should be aware that any new tenancy created or by transition from an Assured Shorthold Tenancy to a Statutory Periodic Tenancy after 6th April 2007 must still protect the original deposit paid and serve notice in the prescribed form on their tenants. Failure to do so would render any Section 21 Notice Requiring Possession still be invalid and could not be relied on in any subsequent possession proceedings brought in reliance of such notice. This is because under the Housing Act 1988 a new tenancy is created. This was held to be the position by the Court of Appeal in the case of Superstrike Limited V Rodrigues 2013
In consequence, for landlords to protect themselves from any claim made under the above provisions they would be well advised to serve such notice concerning deposits in the prescribed form again where new tenancies are created with the same tenant continuing to reside at the same address for any tenancy even if the deposit was protected and the prescribed information served on the tenant at the commencement of the original tenancy.
The information, which is required to be given to the tenant, is contained in the Housing (Tenancy Deposits) (Prescribed Information Order) 2007. For advice on whether you have complied with the statutory provisions or for advice as to what information must be given to your tenants in respect of tenancy deposits received please contact a member of our housing team.