Tag Archive for 'Tenancy Deposit Scheme'

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When more means less

By NL on 15/09/2010. 9 Comments

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 2004.

In this case, there was a one year assured shorthold tenancy, with a deposit of £2100. The deposit was not protected. The tenancy ended after 7 months by surrender, in July 2009. The former tenant send a letter of claim in September for the return of the deposit and the 3x deposit penalty. … Read the full post

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

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: , , , .

All mimsy were the borogoves

By NL on 28/06/2010. 15 Comments

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 some reason]

Ms O’B (hereafter B) was the assured shorthold tenant of Ms J (hereafter J), whose managing agent was Mr A (T/A BH) (hereafter ‘the agent’). The tenancy was ended by agreement on 19 December 2008. B had withheld the last two months rent due to her concerns about the condition of the … Read the full post

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

Waiting For Tiensia

By David Smith on 17/06/2010. 7 Comments

Qurat-Ul-Ain Zia v Mourtada Central London County Court 09/02/2010

This case in Central London County Court has been reported briefly in Legal Action [but we have had the transcript - NL]. While this post makes reference to the Tiensia case this matter actually concerns an issue which will probably not be dealt with by the Court of Appeal. Specifically, it deals with the question of whether a tenancy deposit taken prior to the introduction of the tenancy deposit protection schema should be placed into protection on the renewal of a tenancy.

Facts
The facts are simple. A number of consecutive tenancies had been entered into between Q and M, the … Read the full post

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

Tenancy Deposits- A Novel Argument on Hold

By David Smith on 01/06/2010. 14 Comments

[Edit 24 May 2011 - To all those coming from the Netrent blog, the case report you actually want is this one. Looks like Netrent got confused between the County Court case and the Court of Appeal hearing of the same case.]

Hashemi & Johnson v Gladehurst Properties Ltd, HHJ Cryan, Clerkenwell & Shoreditch County Court, 9 December 2009, Unreported

This matter is by way of an appeal from a decision of DJ Stary refusing to set aside a decision of DJ Manners to strike out the Claimants claim for the usual penalty of three times the deposit pursuant to s214 of the Housing Act 2004 as a … Read the full post

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

Two weeks, three months, whatever. TDS in the High Court.

By NL on 12/02/2010. 29 Comments

Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB)

This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a significant decision.

This was an appeal by Hannells from a Circuit Judge decision. The Draycotts had entered into a 12 month AST with Derby Build Ltd (the landlords) on 28 February 2008. A deposit of £2,700 was paid to the agents, Hannells, who, according to the tenancy agreement, were to hold the deposit as stakeholder. The deposit was credited on 4 March 2008. The deposit … Read the full post

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

Tenancy Deposit – renewal of tenancy again

By NL on 01/02/2010. 3 Comments

Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court

While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so not binding.

Mr B rented a two bed property from September 2006 and paid the deposit of £850.00 in respect of that AST in September 2006. The AST was renewed in September 2007 and the landlord/agent House Trader (UK) Limited did not protect the deposit after renewing the tenancy. The landlord rejected Mr B’s representations that it should be protected and the claim came to … Read the full post

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