Tenancy Deposit Concern

Are you or were you a party to a residential tenancy agreement that involved a deposit but started before 6 April 2007?



If so a judgment just given by the Court of Appeal in the Superstrike case may be important for you.

The Court decided that although at first glance the deposit protection rules govern tenancies starting from that date, these rules may well affect an earlier agreement. It said that the “holding over” when the fixed term ended should be treated in effect as the grant of a fresh tenancy.  So if this occurred from 6 April 2007 then the deposit should have been protected.


Landlord’s may well therefore find themselves with a problem if they have not protected the deposit.  As happened in the case the landlord’s “section 21 notice” was invalid.  A landlord who does not take quick action may have to pay compensation to the tenant. It is probable as well that the courts have made a number of possession orders when they should not have. This therefore is an important decision. 


Tim Selley can help with such issues and feel free to contact him for advice on 01392 678694 or email This email address is being protected from spambots. You need JavaScript enabled to view it.