header-logo header-logo

Home Login E-newsletter About us
23 July 2015 / Mark Tempest
Issue: 7663 / Categories: Features , Property
printer mail-detail

Statutory overkill?

© Copyright LexisNexis 2026. All Rights Reserved.

Mark Tempest provides a refresher course on the tenancy deposit scheme for some light holiday cramming

The Deregulation Act 2015 introduced new provisions into the tenancy deposit protection regime of the Housing Act 2004 (HA 2004). These have reversed the most serious effects of Superstrike v Rodriques [2013] EWCA Civ 669, [2013] All ER (D) 135 (Jun) and confirmed the decision in Charalambous v Ng [2014] EWCA Civ 1604, [2014] All ER (D) 175 (Dec). 

Landlords need only protect the deposit once

Section 215 of HA 2004 prevents a landlord holding an unprotected deposit from serving a notice made under s 21 of the Housing Act 1988 (HA 1988) on the tenant. Section 214 exposes a landlord holding an unprotected deposit to the risk of a claim from the tenant for the return of the deposit plus a penalty of up to three times the deposit sum.

In Superstrike, a fixed term assured shorthold tenancy (AST) was granted—and a deposit taken—before ss 214 and 215 came into force in 2007. The fixed term expired after that time. HA 1988 provides that where a fixed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll