header-logo header-logo

02 September 2011 / Greville Healey , Jamie Sutherland
Issue: 7479 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Time out?

How long do a landlord’s obligations & liabilities last under the tenancy deposit scheme, ask Greville Healey & Jamie Sutherland

Late last year, in Tiensia v Vision Enterprises Limited [2010] EWCA Civ 1224, [2011] 1 All ER 1059, the Court of Appeal considered a landlord’s obligations and liabilities under the tenancy deposit scheme for assured shorthold tenancies introduced by ss 212-215 of the Housing Act 2004 (HA 2004). The majority held that the s 214 penalties bite only where the landlord has failed to comply with the initial requirements of a scheme or to provide prescribed information about the tenancy deposit and not where the landlord has failed to perform these obligations within 14 days. The substantive obligations and the time limits imposed by the Act are free-standing requirements and the penalties attach only to the former. So the penalties could be avoided where the landlord complied with the substantive obligations later than the time limits; but how much later? In Tiensia, it was held that the landlord could comply at any time up to the hearing of the tenant’s application for penalties

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

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
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
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’
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
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
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
back-to-top-scroll