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11 March 2010 / Tamsin Cox
Issue: 7408 / Categories: Features , Landlord&tenant , Property
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Whose deposit is it anyway?

Tamsin Cox weighs up the successes & failures of the tenancy deposit scheme three years on

The Tenancy Deposit Schemes (TDS) described in ss 213–215 and Sch 10 of the Housing Act 2004 (HA 2004) have now been in force for nearly three years, and those who deal regularly with the Assured Shorthold Tenancies to which they relate will now be familiar with the basic requirements and somewhat draconian sanctions imposed on landlords who fail properly to comply with them. However, since the first imposition of the TDS a number of issues have arisen in practice in relation to the interpretation of the provisions of the statute, but there is a dearth of reported authority to assist practitioners. In the last month, however, the first High Court decision on the proper interpretation of the TDS has been published.

The first authority to be made widely available in relation to the TDS was Harvey v Bamforth (2008) 46 EG 119, a decision of His Honour Judge Bullimore in the Sheffield County Court. However,

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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