Registration of Deposits

Following the case of Superstrike versus Rodriguez, a change in the law was made in respect of the registration of deposits.

In order to issue a Section 21 Notice to Quit, the deposit must be correctly registered. A judge will refuse to grant Possession if the deposit is not correctly registered .

All rental  properties  let on a shorthold assured tenancy agreement with a deposit after 6th April 2007 must be registered with a  government approved Deposit Scheme

Properties let on a shorthold assured tenancy agreement prior to 6th April 2007 but becoming periodic after this date will need to be have the deposits registered by 23rd June 2015.

Properties let prior to 6th April 2007 and having reached the periodic phase prior to that date do not need registering and it cannot be deemed an offence because they were agreed before the law change. However if a section 21 Notice to Quit is to be issued for a tenancy in this category it is advisable to register the deposit prior to seeking the Notice to Quit.

We are grateful for the clarification on this matter given by Dutton Gregory solicitors who advise the National Letting Association.

If landlords or tenants have any concerns in respect of the registration of a deposit we welcome their enquiries.

 

Jane Willows
Lettings Manager
Horncastle Office 
Email: lettingshorncastle@robert-bell.org
Tel: 01507 522222
Twitter: @robertbellandco

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