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Landlord required to re-register deposit?

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I attach a link to an email I have received this morning. These appear in my junk, but the main item caught my eye and it has made interesting reading.
http://www.property118.com/have-thousands-of-possession-orders-been-granted-in-error/40589/

Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And your point is ?
    More laws to make life difficult for both Landlords and Tenants.
    If landlords have to return deposits and then re register deposits they will pass the cost on to the tenants or start with new AST,s
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 June 2013 at 3:13PM
    I especially like:
    hoping a High Court will over-turn the Court of Appeal decision
    ??????

    Shows a keen understanding of our legal system. Should that read "a higher court"? Or "The High Court"?

    However, the judgement is significant, and the implications/consequences potentially dire for many LLs.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    There is a discussion ongoing here about same case:

    http://www.landlordzone.co.uk/forums/showthread.php?55937-COA-Judgement-Requires-re-protection-of-deposit-when-fixed-term-becomes-periodic!

    which seems to put a slightly different slant on the interpretation of this ruling.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Werdnal wrote: »
    There is a discussion ongoing here about same case:

    http://www.landlordzone.co.uk/forums/showthread.php?55937-COA-Judgement-Requires-re-protection-of-deposit-when-fixed-term-becomes-periodic!

    which seems to put a slightly different slant on the interpretation of this ruling.
    There are some strange interpretations in that discussion!

    Personally, I view the ruling as legally correct, but a disaster for LLs, who should now re-register whenever a Fixed Term becomes a SPT.

    Maybe in 5 years Parliament will again amend the law (or the Supreme Court may over-rule the C of A - but I doubt it).
  • jmt
    jmt Posts: 279 Forumite
    Just caught up with all the extra comments on both links and all I can think is even more stress for landlords. All of my tenants are on periodic as they have been in residence for 2 - 3 years. My deposits are held at DPS. Earlier the automated reply to my question

    "Do I re-protect tenants deposits and re-issue a new tenancy deposit protection certificate and prescribed information within 30 days each time a fixed term AST ends and a Statutory Periodic Tenancy begins?"

    was

    If the Tenant extends their agreement the Deposit will continue to be protected until the JDR process is completed at the end of the tenancy. In view of the above, you will not need to inform us of any extensions, as the Deposit will remain protected. If, however, you do wish to update the deposit details so show the new tenancy duration, please contact us using the Online Form.
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