Do you need to act on the Deregulation Act?

22 Apr 2015

The Deregulation Act came into force on 26 March 2015 to clarify tenancy deposit protection requirements.

What has made letting agents and landlords breathe a sigh of relief is confirmation that if a deposit is already correctly protected and Prescribed Information (PI) served, the Housing Act does not require re-protection and new PI when the tenancy is replaced by a fixed term or Statutory Periodic Tenancy (SPT) where the tenant(s), landlord(s), premises and scheme remain the same.

But the law also confirms that some landlords will need to ensure the deposit is protected where the tenancies overlap the introduction of the Housing Act on 6 April 2007.

Here is a summary of the key changes, so you can check your situation and whether you need to take action:

  • Landlords holding a deposit taken before 6 April 2007 on an SPT which began before that date will have to protect the deposit prior to giving a Section 21 notice. There is no financial penalty for the deposit not being protected prior to this.
  • Deposits taken before 6 April 2007 where the SPT began after that date must be protected by 23 June 2015.
  • Deposits only have to be protected and PI served at the start of the original tenancy. New PI and protection is required on
  • replacement tenancies only if there are changes to the tenant(s),landlord(s), premises, or deposit protection scheme. This applies retrospectively to 6 April 2007. Note: Tenancy Deposit Scheme rules do require re-protection in certain other circumstances.
  • It is confirmed that agent details can be given in place of the landlord's on PI if the agent is protecting the deposit.

Written by the Tenancy Deposit Scheme

The Tenancy Deposit Scheme is a multi-award winning, government approved provider of tenancy deposit protection and alternative dispute resolution in England and Wales.  

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