Should I go or should I stay - does it matter anyway - oh yes!
- If you asked the famous 'man on top of a Clapham omnibus', "Tell me - at which point does a tenancy end or start?", he would likely respond, "Well... I suppose when the tenant leaves or returns the keys or physically signs a new tenancy."
- Whether a tenancy is for a fixed term or becomes a periodic tenancy is a contrivance established by statute to simplify (ha ha) the continuance of the same tenancy through these two concepts.
- It is not, as interpreted by the judiciary, to end a tenancy and start another with the same tenant still in residence never having left.
- The problem in Superstrike v Rodrigues, is that the issues in question are not directly about the deposit nor the absence of accompanying prescribed information (PI) - not yet anyway, but about the disallowed section 21 notice to quit, resisted by the tenant using the rules of deposit protection as a rouse or means to remain at the rented accommodation.
- I suspect the judges were sympathetic to the tenant's desire to remain and in their determination to ensure this outcome, the judges failed to countenance the wider implications. That is the precedent they were setting and the consequent wake of confusion their (hehem) "kindness" would cause.
- I could be wrong - I am just fumbling for some logic in the apparent absence of any from the judiciary?