Posts with tag: tenancy deposits

Landlords warned over legislation change deadline

Published On: June 23, 2015 at 12:11 pm

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Categories: Landlord News

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Concerning statistics have revealed that 48% of landlords admit to struggling with changes in legislation relating to letting property. This is certainly concerning given that today marks the deadline that could leave many facing substantial fines.

New laws

As part of amendments to the Deregulation Act, landlords and agents in England and Wales that still hold a tenancy deposit on an agreement that started before 6 April 2007 are now permitted to protect the deposit in an accredited scheme. Previously, deposits taken before this date have not been required to be protected in this way.

Research from the National Landlords Association and mydeposits, a secure government approved tenancy deposit protection scheme highlighted that many are unsure on how to adhere to the new rules.

‘It’s important that landlords and letting agents are aware of the legislation changes and how it affects them. They must act now and check whether they need to protect any deposits and avoid a fine,’ said Eddie Hooker, CEO of mydeposits.’ Our advice is simple: if you still have a deposit that was taken before April 6 2007 then the belt and braces approach is to protect it and provide your tenant with all the relevant information as soon as possible. That way you can avoid a hefty penalty and regain possession if needed,’ he added.[1]

Landlords warned over legislation change deadline

Landlords warned over legislation change deadline

Relieved

Richard Lambert, CEO at the National Landlords Association, commented that, ‘everyone will be relieved the Deregulation Act has sorted out the uncertainty created by the Superstrike and Charalambous judgements.’ He warns that, ‘now the onus is on those landlords still holding a deposit they haven’t yet protected to make sure they do so before the deadline.’[2]

 

[1] http://www.chichester.co.uk/news/county-news-sussex-landlords-struggle-to-keep-up-with-changes-in-law-1-6809294

 

 

 

Landlords warned to register old deposits

Published On: June 5, 2015 at 11:49 am

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Categories: Landlord News

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Landlords across the UK are being warned that they have less than one month to register old deposits to comply with upcoming legislation.

Deregulation Act

From June 23rd, any residential deposit predating April 6th 2007 must be registered with an accredited scheme, such as the Deposit Protection Service, MyDeposits or the Tenancy Deposit Scheme.

Ever since 2007, landlords have been given 30 days from the start of a new shorthold tenancy agreement to register deposit details. However, changes to the Deregulation Act which will apply to historical tenancies could see many landlords left unaware, and facing the prospect of incurring large fines.

Landlords warned to register old deposits

Landlords warned to register old deposits

Warning

Justin Parker, lawyer, property expert and partner at Midland based law firm MFG Solicitors warns landlords that they could be at risk from the new amendments. Parker said that, ‘the fines for landlords and letting agents not registering are unlimited and they’re worked out at three times the initial deposit. So with a typical deposit of around £1,000, that’s potentially £3,000 for every deposit that was not registered.’[1]

He went on to warn that, ’it is not just fines either. Landlords and indeed agents, who fail to register historical deposits will find it is difficult to remove tenants when the time comes because they will have failed in their obligations.’ Mr Parker suggests that, ‘the landlords most likely to be at risk are those who have had tenants for several years and the agreement has just rolled over. They may not have been aware of the need to register.’[1]

 

[1] http://www.propertyreporter.co.uk/landlords/landlords-urged-to-register-old-deposits-or-risk-fines.html