Www.mydeposits.co.uk ‘Superstrike’ and best practice Ian Langley my|deposits Director.

www.mydeposits.co.uk

‘Superstrike’ and best practice

Ian Langleymy|deposits Director


‘Superstrike’ - Background

• Court of Appeal decision in June 2013, • The AST was created in January 2007,• AST rolled into SPT in January 2008,• Agent tried to evict the tenant using s.21,• Court of Appeal Judges ruled the SPT to be a new

tenancy under Housing Act 1988 s.5,• Notional return & re-taking of deposit at this point.


‘Superstrike’ - Implications

• If tenancy rolled into SPT after April 2007 TDP applies,• Not the intention of the TDP legislation!• Options:

1. Give deposit back so nothing to protect,2. Protect deposit now.

• Neither are failsafe but they show that Landlord is trying to help situation.


‘Superstrike’ – Going forward

• Check all your tenancies!• With my|deposits, update your protection status to

SPT on the system – its free!• Re-serve Prescribed Information within 30 days,• Communicate with Tenant,• Keep eye on correspondence as we’ll provide

updates.


The Prescribed Information

• The “Prescribed Information” is what the law states the landlord/agent must provide the tenant with:

1. Proof - Deposit Protection Certificate (DPC),2. Information – Information for Tenants’ Leaflet,3. Reason for a Deposit - Circumstances in which

all or part of the deposit may be retained.


Best Practice Issues

Tenancy Agreement,Inventory,Cleaning,Fair Wear and Tear.


The Tenancy Agreement

Well written, set out all terms clearly,Deposit clause – specifically the deductions that

can be made.Mention – garden and check-out fee. Beware of unfair clauses (Unfair Contract Terms).


Inventories Prepare reports before Tenant moves in and after Tenant and

belongings are all moved out, List each item with condition and level of cleanliness, Exterior is also useful information for landlords, Embed photographs where appropriate and reference, Meter readings/correct keys, Send copy to Tenant for approval and signature, Use the same company/same format for check-in and out, Mid-term and pre-exit inspections/Schedule of Dilapidations at

the end.


Reasons for actual deductions


Cleaning:

Definition - what is “clean”, Clean to a professional standard,Professionally cleaned at start of tenancy – receipts,Detail cleanliness per room,Evidence is vital - differences at check-out?Use pictures/photos where appropriate – dust?Cleaning after Tenant vacates.


Fair Wear and Tear

“Changes to the physical condition of a property caused by normal use and aging” Home Letting Service. Why there is no formula. Consider: Age, quality, condition at start, % of average

lifespan, number and type of occupants, length of tenancy. Betterment? New for old? Reasonable/proportionate? Revamped guide on website.


Supporting you:

Hold the deposit and keep control.Complete online service.Telephone call centre.Regular workshops and plenty of online guidance.Award-winning dispute resolution service.Open to all landlords and letting agents, regardless

of membership with a trade body (CMP).


Contact us:


[email protected]

My Direct Dial: 0845 310 6304

Www.mydeposits.co.uk ‘Superstrike’ and best practice Ian Langley my|deposits Director.

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