Graham McLean - Solicitor, Coles Miller

Act Now After Tenancy Deposit Scheme Appeal Case14th Aug 2013

by on 14th Aug 2013


If the Court of Appeal’s decision on the Tenancy Deposit Scheme has left you confused and worried then you are not alone.

Many landlords are still none the wiser after the court’s ruling in the Superstrike Ltd v Rodrigues appeal.

There is a serious campaign for the legislation to be reformed.

Our advice is simple. Seek expert help – because every set of circumstances will be different.

One size does not fit all. There will inevitably be issues surrounding:
•    The extent to which the landlord has failed to comply
•    Whether the deposit has been returned
•    Whether the tenancy is now a periodic tenancy
•    When a Section 21 Notice has been served and whether it was valid
•    Whether the landlord wants possession of the property.

There are actions a landlord can take to mitigate the difficulties faced when in breach of the Tenancy Deposit Scheme legislation and the amount of compensation for damages.

Our advice is:
•    Comply with the legislation now – even if you are late in doing so
•    Consider counterclaims for damages which may not be covered by the value of the deposit. This highlights the importance of inventories
•    Try and negotiate a settlement with the tenant concerned.
•    Contact us before serving a Section 21 Notice!

Landlord and tenant law is a highly complex area of legislation. For specialist help, contact Coles Miller and ask for our disputes and litigation team.