header-logo header-logo

28 September 2017
Issue: 7763 / Categories: Features , Property
printer mail-detail

Blameless landlords & a legislative booby trap

A warning from Martin Mears that landlords are at risk from a pernicious & unjust rule concerning tenants’ deposits

  • Section 184 of the Localism Act 2011 puts landlords in an unjust position.
  • Example: despite returning the deposit, one landlord had to pay six times the original deposit or go to court with no prospect of recovering his costs.

In the bad old days it was common for residential landlords to take a deposit at the commencement of the tenancy which in practice the tenant had little prospect of ever seeing again. The deposit, claimed the landlord, would just about cover the dilapidations and he would retain it accordingly. If the tenant was unhappy about this he could instruct a surveyor and bring him along to argue the case in the small claims court. For most tenants, of course, this was not an economic option.

The perceived evil of the wrongfully withheld deposit was first addressed by s 213 of the Housing Act 2004 which required residential landlords to safeguard the deposit by way

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll