DCLG to end Superstrike anomolies

Plans are a foot by the Coalition in their new Deregulation Bill to strike out the Superstrike anomaly resulting from the Superstrike vs Marino Rodrigues court case.

The anomaly in the legislation arose from the case where a landlord took a tenants deposit before the TDS came into force in April 2007 but where the fixed term ended after this date.

In this case the Court of Appeal ruled that the landlord acted wrongly and consequently was contravening the TDS legislation.  The DCLG are planning amendments which are before Parliament and will in this situation deem the landlord to having complied with the legislation.  Those landlords where the tenancy became periodic and a deposit is still held - will have  90 days after the legislation to potent the deposit.  Most importantly in terms of numbers of landlords,  a deposit where a landlord no longer holds a deposit, the landlord will have deemed to have complied with the TDS legislation.

Some long-term landlords will breath a sigh of life.  For most of us it's an academic exercise.

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