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Pre-2007 deposits may need to be protected


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Deposits taken before the 2007 date for deposit protection legislation need to be protected even if the tenancy was a periodic tenancy at the time the legislation came into force, and has remained so.

 

Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604

 

http://nearlylegal.co.uk/blog/2014/12/p ... ossession/

 

It seems that while the financial penalty doesn't apply, a legal Section 21 cannot be served.

 

My OH got caught out by this (Section 21 was issued before the above judgement). Luckily, the tenant didn't find out that the notice was unlawful and left!

 

We might have to sue him for failing to give adequate notice (joke).

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