The facts of the recent Superstrike v Rodrigues Court of Appeal case don’t on the face of it appear the be applicable to tenancies granted after the tenancy deposit scheme legislation came into force in April 2007. The case concerned a deposit originally held in respect of a fixed term tenancy which began before the requirement to protect the deposit and to serve the prescribed information came into force. However, the important point from Lord Justice Lloyd is that when a periodic tenancy replaces the original fixed term there is deemed receipt of the deposit in respect of the new periodic tenancy unless a new deposit is paid.
This would apply to tenancies which were entered into after 6 April 2007 and effectively means that a landlord needs to re-serve the prescribed deposit information on the tenant within the relevant time period starting from the commencement of the periodic tenancy. This is even where it has already been served at he start of the fixed term. Failure to do so could expose a landlord to the statutory fine and prevent section 21 of the Housing Act 1988 to recover possession.