Sentences with phrase «tenancy deposit scheme»

Since April 2007, landlords letting property on an assured shorthold tenancy have had to protect any deposit taken under the tenancy deposit scheme.

The tenancy deposit scheme (see www.communities.gov.uk/tenancydeposit) arrives on 6 April 2007 with the Housing Act 2004 (HA 2004), ss 212 — 214 and Sch 10 due to be brought into force along with the Housing (Tenancy Deposit Schemes) Order 2007 (draft SI 2007/5748).

No HA 2004, s 21 notice requiring possession under an assured shorthold tenancy may be given during tenancy scheme non-compliance and the current accelerated possession assured shorthold claim form (the N5B) states: «If your claim for possession is in relation to an assured shorthold tenancy where a deposit was taken after 6 April 2007, you must provide evidence that such deposit is safeguarded with a tenancy deposit scheme... authorised under Pt 6 of the Housing Act 2004.»

He has experience of advising and representing clients in claims concerning possession for rent / mortgage arrears and other contractual breaches, forfeiture, tenancy deposit schemes, disrepair, trespass, adverse possession, restrictive covenants, easements, boundaries, and s. 14 of the Trusts of Land and Appointment of Trustees Act 1996.

Tenancy deposit schemes come into effect on 6 April 2007.

Not exact matches

There are three approved schemes: a custodial scheme, where tenants pay landlords and landlords pay the deposits into the scheme, run by the Deposit Protection Service, which is free to landlords and letting agents; and two insurance schemes, where tenants pay deposits to landlords which they or agents retain with either paying a premium to an insurer to guarantee the money, run respectively by Tenancy Deposit Solutions Ltd — a partnership between the National Landlords Association and Hamilton Fraser Insurance — and the Dispute Service.

The scheme applies to any deposit taken in relation to a new assured shorthold tenancy granted on or after 6 April 2007.

Landlords can not serve a s 21 notice on their tenants if a tenancy deposit has been paid and that deposit is (a) not being held in accordance with an authorised scheme, or (b) the initial requirements of the scheme have not been complied with (see HA 2004, s 215).

The Dispute Service (www.thedisputeservice.co.uk) and Tenancy Deposit Solutions (www.mydeposits.co.uk) are insurance backed schemes, whereby the landlord registers the particular deposit with the service but does not have to hand over the deposit.

However, it is clear that where a landlord and tenant enter into two successive tenancy agreements and the landlord retains deposit monies from one tenancy to the next the landlord will be deemed to have «received» those funds for the purposes of the scheme and will be liable should he fail to protect them within 14 days, even where he seeks to argue that the monies were retained as rent in advance (see Piggott v Slaven, Great Grimsby County Court and Saad v Hogan, Brentford County Court, both February 2009).