Duncan Lewis Tenancy Deposit Ruling Featured in LandlordZONE (15 October 2025)

Richard Mahal, a solicitor in our Housing Team, was featured in LandlordZONE for securing a key court ruling reaffirming landlords’ ongoing obligations under tenancy deposit protection law.

Background and Legal Challenge

In Macintyre v [Landlords], Mr Mahal represented tenant Ameera Macintyre after her £2,000 deposit was transferred from mydeposits to the TDS Custodial Scheme without clear notice. Through careful legal analysis, he argued that tenants must maintain continuous awareness of where their deposit is held and how to recover it, not simply at the beginning of a tenancy.

Judge Glen accepted Mr Mahal's submissions, finding that failing to provide updated prescribed information could leave tenants "in precisely the vulnerable position the legislation was designed to prevent."

Interpretation

The judgment provides practical guidance for landlords whilst reinforcing tenant protections. The court recognised that minor administrative errors—such as an outdated email address—may not invalidate compliance where information is "substantially to the same effect" as prescribed by law.

Legal Sector Impact

Mr Mahal's work exemplifies a measured approach to housing litigation—establishing clear legal principles whilst acknowledging practical realities for both tenants and landlords. By focusing on legislative intent behind deposit protection provisions, his efforts contribute to greater transparency within the rental sector.

The decision serves as a clear reminder to landlords and letting agents to ensure prescribed information remains accurate and current whenever deposits are transferred, reinforcing tenants' rights under the Housing Act 2004.

Read the full article at LandlordZONE

About Richard Mahal

Richard Mahal is a Solicitor in the Duncan Lewis Housing Team with extensive experience in housing litigation. He specialises in disrepair claims, defending possession proceedings, and actions under the Environmental Protection Act 1990. He also advises on statutory and discretionary succession rights, including Equality Act and public law challenges where succession applications have been mishandled.

As a court duty solicitor, Richard regularly represents clients in county courts and is committed to providing clear, supportive guidance throughout complex housing cases.

If you are facing possession proceedings, experiencing disrepair, or wish to discuss a potential housing claim, Richard can be contacted directly by telephone or email.

Telephone: 02031141338

Email: RichardM@duncanlewis.com

About Duncan Lewis Solicitors

Duncan Lewis Solicitors is recognised as a leading law firm in The Legal 500 UK, with its Housing Team ranked in the top tier for its expertise in housing and landlord and tenant law. The team represents tenants, leaseholders, and homeowners across England and Wales, providing advice and advocacy on all aspects of housing litigation, including disrepair, homelessness, possession, and unlawful eviction matters.