Partner and Head of Wills & Estate Planning at Andrew & Co Solicitors Helen Newson writes...
Superstrike Ltd v Rodrigues
- AuthorAnnette Wood
Court of Appeal decision 20 May 2013
In this case the Court of Appeal held that a statutory periodic tenancy is not a continuation of a fixed term tenancy and is a brand new tenancy.
The implications are that deposits paid by tenants need to be re-protected within 30 days of the new statutory periodic tenancy being created. And tenants re-issued with a new tenancy deposit protection certificate and prescribed information within 30 days each time an assured shorthold tenancy ends and a statutory periodic tenancy begins.
The further implications are that seeking to obtain possession of property and where they have not re-issued a tenancy deposit protection certificate is that landlords could be liable to be fined 3 x the amount of the deposit plus the deposit and be prevented from enforcing a Section 21 notice if a deposit was not returned to the tenant before the notice was served.