Tag Archive for 'deposit scheme'

New Tenancy Deposit Cases in Legal Action

By David Smith on 06/08/2010. 0 Comments

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 a possession order on the basis of a section 21 notice. The tenant defended the claim on the basis that the landlord had not properly complied with the requirements of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, he also counter-claimed for the now-customary penalties. The landlord had registered the deposit with the … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , .

It's not a deposit, honest

By NL on 23/02/2009. 9 Comments

With thanks to Christopher Stockdale at John Barkers of Grimsby, we have had news of another Shorthold Assured Tenancy deposit case, Piggott v Slaven, Great Grimsby County Court 23 February 2009.

This one is of particular interest as the issue at stake was whether there was deposit at all, or just an advance payment of rent. There are a couple of side issues – one on transfer of deposit from one tenancy to another and the other on technical validity of notice. This is a County Court decision by a District Judge, so no precedents set, but the logic on the deposit question looks good to me.

The facts … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , .

Deposits – the mandatory award again

By NL on 11/01/2009. 2 Comments

As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters.

Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy. Ms Jones had paid a deposit of £500, which was not put into a scheme within the initial 14 days. In fact it was not put into a scheme by the landlord until after the landlord had brought a possession claim (presumably not on a s.21 notice) and Ms Jones had counterclaimed for disrepair and for the three time the value of the deposit under s214(2) and (3) HA … Read the full post

Posted in Assured Shorthold tenancy, Deposits, FLW case note and Housing law - All. Tags: , , , , .

Deposit scheme mandatory award

By NL on 16/04/2008. 42 Comments

Just a quick note to say that Housed has a report on a County Court judgment on a claim for failure to put deposit in scheme and notify tenant within 14 days. (Stankova v. Glassonbury 10th March 2008, Gloucester County Court. Initial report apparently via Consumer Action, no reference or link)

Result – mandatory 3 x deposit award, with no set off against arrears (because mandatory). It didn’t matter that the landlord had very belatedly put the deposit in a scheme, or that the tenant had left after s.21 notice, or that that the landlord raised deductions from the deposit at Court. The court was apparently persuaded that deductions were … Read the full post

Posted in Assured Shorthold tenancy, Deposits and Housing law - All. Tags: , , , , , .
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