When considering whether or not there is a need to register a tenancy deposit received prior to 6 April 2007 or provide prescribed information to the tenant it is important to consider the exact nature of the tenancy and whether the requirements under the Deregulation Act have already been complied with.
It is not a simple case of registering all deposits. This may not be necessary for, say, a deposit received before 6 April 2007 where the tenancy became a statutory periodic tenancy before that date. The need to register the deposit in that instance (and give prescribed information) will only arise if the landlord now wishes to serve a Section 21 Notice.
My blog article on the new requirements and the different scenarios can be found here.
Deregulation Act could have an impact on older tenancy deposits that were taken before April 6 2007 and are continuing on a periodic basis. At the time there was no requirement to register the deposit in an approved scheme and the tenancy could continue on a periodic basis indefinitely. However, following the passing of the recent law landlords have until June 23 to protect all deposits that were taken before April 2007 and register them with an approved scheme