Percy Hughes & Roberts Solicitors

We published a blog in February warning Residential Landlords that the Localism Act 2011 was introducing some changes to the way the landlords deal with tenant’s deposits. The change requires that all deposits must be protected in a tenancy deposit scheme and that landlords must provide the prescribed information within 30 days.

As part of the changes all new tenancies created on or after the 6^th April and tenancies already in existence on the 6^th April 2012 must have deposits protected and the prescribed information must be given to the tenant within 30 days.  Failure to comply can result in the tenant bringing a claim for the return of the deposit and compensation of up to three times the amount of the deposit.It may also be possible for tenants who have not had their deposits returned at the end of a tenancy to make an application to the court for a penalty award. 

The rules currently state that landlords have 30 days from the 6^th April 2012 for tenancies created on or before this date to comply with the rules. Time runs out on the 6^th May i.e. this coming weekend. You must ensure any deposits are protected and the information is provided to the tenant in time to prevent a claim.

Any claim issued prior to the 6^th April 2012 will not be bound by these new rules only claims for a breach of the Housing Act which were commenced on or after the 6^th April are bound by these new rules.

If you have failed to comply with this legislation or you believe you may be at risk of facing a claim from your tenant then please contact our Landlord team on 0151 666 9090.