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Residential Property
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
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Course Aims:

In this two part CPDcast series, David Smith from Anthony Gold Solicitors discusses the law relating to tenancy deposit protection in light of the changes which came into effect on 6th April 2012.

David will explain the issues arising from the existing legislation governing protection of tenancy deposits in relation to Assured Shorthold Tenancies and why the significant amount of litigation in this area led to substantial amendments being made as part of the Localism Act 2011.

This podcast will therefore examine the provisions of the tenancy deposit protection legislation; point up areas in which the courts have clarified issues, and highlight some issues that remain unresolved.

After completing the course you will:
  • Appreciate why the tenancy deposit protection provisions under the Housing Act 2004 were the subject of so much litigation in the lower courts;
  • Be aware of the impact the Localism Act 2011 has had on tenancy deposit protection legislation and understand which aspects have changed and those that remain the same;
  • Know how a “deposit” is defined under the Housing Act 2004;
  • Understand the difference between the schemes available for lodging tenancy deposits;
  • Know what the trigger will be for protection of a deposit;
  • Know what changes the Assured Tenancies (Amendment) (England) Order 2010 introduced;
  • Appreciate the requirements on a landlord when dealing with a deposit;
  • Understand who can claim under the tenancy deposit protection legislation;
  • Know the initial requirements of an authorised scheme;
  • Understand the penalties for landlords who fail to comply with their obligations;
  • Appreciate how the new system will work and how the changes will affect tenancies already in existence.
Specialist Difficulty: 5 of 5
Case Update
Legal Principles
Legislative Updates
Sources and References:
  • Baafi v Mapp, Central London County Court (24 June 2010);
  • Draycott v Hannells Letting Ltd. [2010] EWHC 217 (QB);
  • Gladehurst Properties Ltd. V Hashemi [2011] EWCA Civ 604, May 19, 2011;
  • Housing (Tenancy Deposits) (Prescribed Information) Order 2007;
  • Housing Act 2004;
  • Localism Act 2011;
  • Qurat-Ul-Ain Zia v Mourtada, Central London County Court (9 February 2010);
  • Saad v Hogan, Brentford County Court (2009);
  • Tiensia v Vision Enterprises Ltd. [2010] EWCA Civ 1224;
  • UK Housing Alliance (North West) Ltd v Francis [2010] EWCA Civ 117.

This two part CPDcast series with Housing Act 2004 expert David Smith from Anthony Gold Solicitors gives a detailed and up-to-date overview of the law relating to tenancy deposit protection. David will explain how the tenancy deposit protection legislation changed from 6 April 2012 onwards and what this will mean for landlords and tenants.

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