What a week. On Monday morning our email inbox was full of emails asking questions about Superstrike Ltd v Rodrigues 2013. The court case changed the previous thinking on certain aspects of tenancy deposit legislation and in particular the obligations of the landlord and agent.
Before this court case the rules relating to tenancy deposit protection were very clear. Agents & landlord understood the changes which were tenancy deposit protection and furthermore, also understood the amendments introduced on april 6th, 2012 under the Localism Act 2011.
The Superstrike Ltd V Rodrigues has thrown a very large cat in amongst pigeons were are scattered and very confused. The Court of Appeal judges interpretation of the Statutory Periodic Tenancy has lead to agents, landlords, solicitors & tenancy deposit administrators questioning what should happen with deposits which are currently linked to existing tenancies which are periodic.
The lettings industry is complex enough as it – dealing with the day to running of an agency, ensuring that the landlord & agency are compliant, meeting landlord and tenant expectations, keeping up to date on legislative changes, dotting the Is and crossing the Ts.
When the the legislation landlords and agents are required to adhere to, the situation is even more complex.
Six years ago when tenancy deposit protection was introduced many questions were raised including the issue currently being discussed as a result of this course case.
As the tenancy deposit administrators take their own legal advice, agents are trying to make sense of what they should be doing and what the possible consequences they could face.