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Category Archives: Deposits
There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent landlord who would be caught by a claim. You can draw your own conclusions from the facts of these cases. The way in which Hashemi is distinguished in the first of these cases is interesting, but perhaps unlikely to be of general application
We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004.
The changes were designed to reset the position back to that which was set out by the government when it originally put the provisions forward and before the legislation was undermined by a number of Court of Appeal decisions.
The amendments were not supported by the Government in Commons committee and were withdrawn on the basis that an alternative would be put in place. However, there has been no alternative forthcoming thus far and time is getting short.… Read the full post
Gladehurst Properties Ltd v Hashemi  EWCA Civ 604 (Not on BAILII at time of writing)
UPDATE: Transcript now available on BAILII
In Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. The Court of Appeal has now returned to complete the job with a hanging by the neck until almost dead followed by a quartering with the body parts to be distributed throughout the kingdom.
The facts were relatively simple. Mr Hashemi was a tenant, along with a Mr Johnson, of Gladehurst Properties. The tenancy deposit of some £6,240 was never protected by G. Much of that deposit (less a deduction of … Read the full post
Another case on tenancy deposit protection has hit the High Court, with a rather strange outcome.
P was the tenant of D and another party. The deposit was not protected during the tenancy. This was raised by P towards the end of the tenancy and D apparently offered to return the money to her. She declined and insisted it was protected. The tenancy was then ended by notice from P and she vacated the property. The deposit money was then placed with the DPS but the prescribed information was never served on P. In fact, it seems that DPS had not … Read the full post
A brief note to highlight some unexpected amendments that have been tabled to the Localism Bill. The latest marshalled list includes new sections which are designed to make amendments to the Housing Act 2004 and specifically to the tenancy deposit protection provisions.
The changes dispose of the unclear concept of ‘initial requirements’ and remove the late protection loophole revealed by cases such as Draycott v Hannells and Tiensia v Univeresal Estates. They also remove the loophole utilised by some landlords of returning the deposit to the tenant and then asserting that s214(4) only requires that they pay the three times penalty if they have also been ordered to pay … Read the full post
Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported)
The above case on the, increasingly litigated, tenancy deposit protection provisions was brought to our attention and is of particular interest as it specifically distinguishes itself from the Court of Appeal decision in Tiensia (reported on here).
In this case the tenant was granted a 12 month assured shorthold tenancy in late November 2007. This was renewed for a further 12 months on expiry and then continued on a periodic basis until February 2010 when the tenant vacated the premises and the tenancy came to an end. The tenant was informed that most of their … Read the full post