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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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