The recent Court of Appeal case of Superstrike vs. Rodrigues concerns an assured
shorthold tenancy that was created in January 2007 prior to the introduction of
mandatory tenancy deposit protection on 6 April 2007. The tenancy continued on a
statutory periodic basis from January 2008 and the deposit remained unprotected.
In 2011 a Section 21 notice was served to end the tenancy.
The Court of Appeal has ruled that when the tenancy continued on a statutory
periodic basis in 2008 a new tenancy was made and a new deposit was deemed to
have been received, and therefore fell under the requirements of tenancy deposit
protection legislation. Having not met those requirements (to protect the deposit
and serve Prescribed Information (PI), including serving the scheme leaflet, or
equivalent) the landlord was not entitled to serve a s21 notice.
Click the image above for the full DPS guidance on the implications of this Court of Appeal judgment.