“Superstrike“ – Latest Update and Guidance

You may be familiar with the case of Superstrike Ltd v Marino Rodrigues through our blog, newspaper editorials, our seminars or through the Property and Housing press generally. It has once again produced uncertainty for Landlords as to when deposits need to be registered and made them vulnerable to claims for non-compliance. Claims will be for three times the deposit and costs which may be substantial.

Various Landlord and Letting Professional bodies have now produced a joint guidance on the implications of the case. We are attaching a copy for your information in case you have not already seen it.

The position remains unclear and the case itself may be subject to consideration by the Supreme Court. The legislation may possibly be reviewed by the Government if the Landlord organisations’ lobbying is successful.

This will hopefully be treated urgently by the Government as there are reports of an increase in claims companies inviting tenants to make “no win, no fee” claims against landlords wishing to exploit this potential legal loophole.

All Landlords and agents who have received or will receive deposits must make sure that they have complied with the Tenant Deposit Scheme or look to return the deposits as details in the attached table.

If you do have any queries please contact Jeremy Teall, Partner and Housing Management Team Leader on 0208 567 3477 or jteall@prince-evans.co.uk