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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

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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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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