Agents are reminded that – in what is being called the return of Superstrike – it is vital to re-serve prescribed information when a fixed term tenancy becomes statutory periodic.
In a recent case at Birmingham County Court, Gardner v McClusker, the landlord lost out to the tune of £1,800 plus costs.
The landlord had taken a £600 deposit and protected it (with MyDeposits) but not served the prescribed information when the tenancy became statutory period, and had then served a Section 21 notice.
At that point, the tenant served a counter-claim, arguing that no prescribed information had been served when the tenancy became statutory periodic. The landlord tried to rely on the originally served prescribed information, but the court rejected this argument.
The court ruled that the Section 21 notice was invalid. It ordered that the deposit be returned to the tenant and damages of twice the value of the deposit be paid to the tenant. The landlord was also told to pay costs.
The decision is in line with the earlier Superstrike v Rodriguez case, which ruled that when a fixed term tenancy ends and the tenant remains on a statutory periodic tenancy, then a new tenancy is created.
There is a helpful blog here: