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06 August 2009 / Marianne Rivett , Laura West
Issue: 7381 / Categories: Features , Landlord&tenant , Property
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Deposit dilemmas

Laura West & Marianne Rivett explain why the tenancy deposit scheme is coming unstuck

The requirements of the compulsory tenancy deposit scheme are set out in Pt VI, Chapter 4 of the Housing Act 2004 [HA 2004].

Within 14 days of receiving a deposit a landlord must, pursuant to s 213(3), comply with the initial requirements of one of the authorised schemes (two being custodial, one insurance backed).

Neither “landlord” nor “tenant” is defined for the purposes of the scheme. Additionally, pursuant to s 213(5), a landlord who has received a deposit must give to the tenant and any other “relevant person” (defined in s 213(10) as any person who has paid the deposit on behalf of the tenant) certain prescribed information as set out in s 213(5) HA 2004 and the Housing (Tenancy Deposits) Prescribed Information) Order 2007 (SI 2007/797).
 

Applications to the county court

Where a deposit has been paid any tenant or relevant person may apply to the county court either because the landlord has:

(i) failed to

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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