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11 March 2010 / Tamsin Cox
Issue: 7408 / Categories: Features , Landlord&tenant , Property
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Whose deposit is it anyway?

Tamsin Cox weighs up the successes & failures of the tenancy deposit scheme three years on

The Tenancy Deposit Schemes (TDS) described in ss 213–215 and Sch 10 of the Housing Act 2004 (HA 2004) have now been in force for nearly three years, and those who deal regularly with the Assured Shorthold Tenancies to which they relate will now be familiar with the basic requirements and somewhat draconian sanctions imposed on landlords who fail properly to comply with them. However, since the first imposition of the TDS a number of issues have arisen in practice in relation to the interpretation of the provisions of the statute, but there is a dearth of reported authority to assist practitioners. In the last month, however, the first High Court decision on the proper interpretation of the TDS has been published.

The first authority to be made widely available in relation to the TDS was Harvey v Bamforth (2008) 46 EG 119, a decision of His Honour Judge Bullimore in the Sheffield County Court. However,

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

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Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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