Liberal Democrat MPs Stephen Gilbert and David Ward have tabled a new clause for the Localism Bill that would amend the tenancy deposit protection provisions in the Housing Act 2004.
David Smith, writing in Nearly Legal, says:
"The changes dispose of the unclear concept of ‘initial requirements' and remove the late protection loophole revealed by cases such as Draycott v Hannells and Tiensia v Universal Estates.
"They also remove the loophole utilised by some landlords of returning the deposit to the tenant and then asserting that s214(4) only requires that they pay the three times penalty if they have also been ordered to pay the deposit back. This will mean that tenants will find it far easier to pursue landlords or agents who have failed to protect their deposits and landlords will not be able to rush deposits into schemes after the 14 day period and thereby avoid penalties.
"The changes also clear up other areas of uncertainty, such as the status of multiple tenants, which have not yet come before the higher courts."
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.