Comments on: Two weeks, three months, whatever. TDS in the High Court. http://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/ Housing law news and comment Wed, 23 May 2012 13:10:25 +0000 hourly 1 http://wordpress.org/?v= By: David Smithhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5581 David Smith Wed, 25 Aug 2010 15:59:06 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5581 The wording is not wrong it is simply a statement of the law as set out in s213 and s214 of the Housing Act 2004. In Draycott v Hannells it was argued for the Draycotts that this wording was a 'initial requirement' of the scheme and was a free-standing obligation to protect within 14 days. Mr Justice Tugendhat rejected that argument. The wording is not wrong it is simply a statement of the law as set out in s213 and s214 of the Housing Act 2004. In Draycott v Hannells it was argued for the Draycotts that this wording was a ‘initial requirement’ of the scheme and was a free-standing obligation to protect within 14 days. Mr Justice Tugendhat rejected that argument.

]]> By: helen wilsonhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5577 helen wilson Wed, 25 Aug 2010 10:07:33 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5577 I have read the terms and conditions relating to the DPS and 3. Overview of how the service works a. The tenant pays the landlord the deposit in accordance with the terms of the tenancy agreement, if the landlord chooses to protect the deposit with the custodial tenancy deposit shceme, the housing act 2004 requires that the landlord must pay the deposit into the dps within 14 days of physically receiving it, the dps will however except deposits after this time. b. Following the successsful protection of a deposit, the dps will provide confirmation of receipt and other information to the landlord and tenant as detailed furether in section 13. The landlord must provide the prescribed information. Is this wording wrong then ? so therefore can not be relied on to ensure a court makes the correct decision. so therefore there is no 14 day rule within the act any help or assistance would be appreciated I have read the terms and conditions relating to the DPS and 3. Overview of how the service works

a. The tenant pays the landlord the deposit in accordance with the terms of the tenancy agreement, if the landlord chooses to protect the deposit with the custodial tenancy deposit shceme, the housing act 2004 requires that the landlord must pay the deposit into the dps within 14 days of physically receiving it, the dps will however except deposits after this time.

b. Following the successsful protection of a deposit, the dps will provide confirmation of receipt and other information to the landlord and tenant as detailed furether in section 13. The landlord must provide the prescribed information.

Is this wording wrong then ? so therefore can not be relied on to ensure a court makes the correct decision. so therefore there is no 14 day rule within the act
any help or assistance would be appreciated

]]> By: simply wonderedhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5292 simply wondered Tue, 17 Aug 2010 19:42:35 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5292 certainly will. would be nice to chat. certainly will. would be nice to chat.

]]> By: NLhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5281 NL Tue, 17 Aug 2010 12:19:57 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5281 Yep - I was there. Didn't see you? Let me know beforehand next time you're going... Yep – I was there. Didn’t see you? Let me know beforehand next time you’re going…

]]> By: simply wonderedhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5278 simply wondered Tue, 17 Aug 2010 11:36:18 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5278 can confirm that nl - was reported on at recent hlpa meeting (as you probably already know). some of the questions put to counsel might give a cynic the impression their lordships weren't really listening for part of it. can confirm that nl – was reported on at recent hlpa meeting (as you probably already know). some of the questions put to counsel might give a cynic the impression their lordships weren’t really listening for part of it.

]]> By: NLhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5275 NL Tue, 17 Aug 2010 10:29:19 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5275 No outcome yet. Rumour has it that it is unlikely to be handed down before late September/October, if not later. The Court has sent further questions to the parties. No outcome yet. Rumour has it that it is unlikely to be handed down before late September/October, if not later. The Court has sent further questions to the parties.

]]> By: AShttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-5113 AS Fri, 13 Aug 2010 14:31:04 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-5113 Does anyone know the outcome of Universal vs Tiensia? Does anyone know the outcome of Universal vs Tiensia?

]]> By: NLhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-3856 NL Fri, 28 May 2010 11:25:53 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-3856 Its been heard, 7 May I believe, and we are awaiting the judgment. I think Tiensia went ahead and was heard at the same time. Naturally, we'll have a report up as soon as we can. Its been heard, 7 May I believe, and we are awaiting the judgment. I think Tiensia went ahead and was heard at the same time. Naturally, we’ll have a report up as soon as we can.

]]> By: MarkRayhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-3854 MarkRay Fri, 28 May 2010 10:24:04 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-3854 I've heard that Universal Estates v Tiensia was settled. Anyone any further info on that or the outcome of Honeysuckle Properties v Fletcher & Ors? I’ve heard that Universal Estates v Tiensia was settled. Anyone any further info on that or the outcome of Honeysuckle Properties v Fletcher & Ors?

]]> By: Jhttp://nearlylegal.co.uk/blog/2010/02/two-weeks-three-months-whatever-tds-in-the-high-court/#comment-3648 J Wed, 31 Mar 2010 15:57:11 +0000 http://nearlylegal.co.uk/blog/?p=4091#comment-3648 Two reasons: (a) it might be settling; (b) if it isn't settling, then it's to be heard with another case (Honeysuckle Properties, I think), also on the TDS Two reasons:
(a) it might be settling;
(b) if it isn’t settling, then it’s to be heard with another case (Honeysuckle Properties, I think), also on the TDS

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