Sharratts

Affordable Housing Law

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What should happen to a deposit when a statutory tenancy arises?

19th June 2013

The Court of Appeal has confirmed that a fixed term assured shorthold tenancy (AST) which continues as a statutory periodic assured shorthold tenancy (statutory tenancy) under section 5 of the HA 1988, is a new tenancy. As a result, a deposit paid before 6 April 2007 and held by the landlord should be registered with a tenancy deposit scheme (TDS) when the statutory tenancy arises after that date. (Superstrike Ltd v Rodrigues [2013] EWCA Civ 669.)