A Practical Guide to Tenancy Deposits in Assured Shorthold Tenancies

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When renting a property to a tenant under an assured shorthold tenancy a landlord will frequently take a deposit. The law on how a landlord deals with tenancy deposits has changed and become more onerous to a landlord since the introduction of the Housing Act 2004. There is some confusion and uncertainty over when and in what circumstances deposits must be registered or reregistered. This has resulted in much case law to clarify the position for both parties. This book aims to provide an introduction and analysis of the law on tenancy deposits in assured shorthold tenancies and covers the requirements under the legislation, how it applies to different scenarios and the consequences of failing to comply. It seeks to serve as a useful initial reference guide for agents and solicitors alike and encompass an overview of the relevant legislation and case law. ABOUT THE AUTHOR Rachel Garton is a practicing solicitor at Gosschalks LLP, specialising in property dispute resolution. Her work comprises of all areas of property litigation and landlord and tenant matters including: residential long leasehold, tenants right of first refusal, lease renewal litigation, commercial and residential possession proceedings, residential and commercial service charge disputes and debt recovery. She has a niche specialism in assured shorthold tenancies and has delivered a number of seminars for MBL Seminars on topics related to this subject such as asbestos in residential properties, tenancy deposits in flat shares and the upcoming Renter's Reform Bill. CONTENTS Chapter One - The Legislation Chapter Two - When Does the Legislation Set Out in the HA 2004 (As Amended) Apply? Chapter Three - What Is a TDS? Chapter Four - Initial Requirements and Provision of Prescribed Information Chapter Five - Sanctions for Non-Compliance and Financial Penalties Chapter Six - The Position of Deposits in Periodic/Renewal Tenancies Chapter Seven - Tenancy Deposits in Flat Shares Chapter Eight - Selling a Property Subject to an AST Chapter Nine - Forthcoming Legislation