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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll