Tenancy Deposit Protection – Recent ruling in the Court of Appeal affecting Landlords

In a recent case in the Court of Appeal it was ruled that when a fixed term tenancy ended, the statutory periodic tenancy that followed was not just a continuation of the original tenancy, but a brand new tenancy in its own right.

The implication of this ruling for a Landlord of a property is that a deposit paid by a tenant at the start of their fixed term tenancy, most likely under an Assured Shorthold Tenancy, needs to be re-protected under the Tenancy Deposit Scheme within 30 days of the new tenancy being created.

Failure to do so may mean that a Landlord could not only be fined three times the amount of the deposit, and lose the deposit as well, but be prevented from enforcing a Section 21 notice requiring the tenant to vacate the property if a deposit was not returned to the tenant prior to serving the notice.


For information regarding Landlord and Tenant concerns, please contact Senior Conveyancer and Solicitor, Reshma Cookson.

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This article has been prepared for general interest and information purposes only; it does not constitute legal advice and should not be relied on as such. While all possible care has been taken in the preparation of this article, no responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by the firm or the authors.