Eviscerated? Now also Drawn and Quartered

Gladehurst Properties Ltd v Hashemi [2011] 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 […]

Not So Protected

Potts v Densley & Anor [2011] EWHC 1144 (QB) 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 […]

Tenancy Deposits in the Localism Bill?

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 […]

Distinguishing Tiensia

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 […]

Tenancy Deposit Protection Eviscerated

Tiensia v Vision Enterprises Ltd (t/a Universal Estates) [2010] EWCA Civ 1224 (11 November 2010) This is the long awaited Court of Appeal decision on tenancy deposit protection. It is a conjoined appeal of Universal Estates v Tiensia and Honeysuckle Properties v Fletcher. The facts of the two cases are very similar. In both cases […]

Mr Pickles is unlawful and other bits

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget, included requirements for local authorities to identify and develop sites for travellers and gypsys. Mr […]

When more means less

Green v Sinclair Investments Limited Clerkenwell and Shoreditch County Court. 11 June 2010 This is a County Court and non-binding tenancy deposit case reported in September 2010 Legal Action 'Recent Developments'. But it is interesting and harks back to a problem we discussed a while ago, the meaning of 'must also' in s.214(4) Housing Act […]

New Tenancy Deposit Cases in Legal Action

Our new copy of Legal Action flopped onto the mat here at Nearly Legal Towers this morning. Looking at the reported cases a pair of tenancy deposit matters caught my eye. One of these we have already written about here. In Baafi v Mapp, Central London County Court, 24 June 2010 a landlord had sought […]

All mimsy were the borogoves

The Jabberwock of the tenancy deposit scheme came whiffling again, in the tulgey wood of Northampton County Court. This time it was the clause that catch to beware of. And there's a disrepair claim in there too. Paula O'Brien v Jacqueline Jones & Andrew Alexander (T/A Belvoir Huntingdon). Claim No 9KG00335 12/02/2010 [On Lawtel for […]