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Superstrike Ltd v Rodrigues

View profile for Annette Wood
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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.