Court of Appeal rules on tenancy deposit case

Long-standing tenancies could be impacted by a new Court of Appeal decision. Although tenancy deposit regulations do not require landlords to protect deposits taken before April 2007 the court ruled that the Housing Act states that a Section 21 notice cannot be issued if the “deposit is not being held in accordance with an approved scheme”. This implies that if a landlord who is holding a deposit taken before April 2007 wishes to issue a Section 21 notice, s/he should either first protect the deposit in an approved scheme or return the deposit to the tenant.

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