Tag Archive for 'Tenancy Deposit Scheme'

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Tenancy Deposit Protection on Sale and Leaseback

By David Smith on 29/01/2010. 5 Comments

UK Housing Alliance (North West) Ltd v Michael John Francis, Grimsby County Court, 18 June 2009, unreported

An interesting case this involving issues of tenancy deposit protection, contractual penalties and the Unfair Terms in Consumer Contract Regulations 1999.

UK purchased a house in Grimsby from F in October 2007. They let it back to him on an Assured Shorthold Tenancy for a term of ten years at a rental of £520.83 pcm with annual increases of 5%. The purchase price was £125,000 to be paid in two tranches – the first, in the sum of £87,500 to be paid on completion while the second, of £37,500, on the giving up … Read the full post

Posted in Assured Shorthold tenancy, FLW case note and Possession. Tags: , , , , .

Catching up with LAG

By NL on 16/01/2010. 6 Comments

The January 2010 Housing updates in Legal Action have some County Court case reports that hadn’t reached us. You will naturally have already read them in Legal Action, but for our archives…

Tenancy Deposits
O’Brien v Hill Barnet County Court 22/09/2009
Mr O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He served a s.21 Notice on 12 June 2008. On 2 July 2008, the landlord received the payment of the deposit from Barnet Council, which had agreed to pay the deposit on Mr Hill’s behalf, and the deposit was protected on 7 July 2008. Some time later Mr O’Brien brought accelerated possession proceedings relying on the … Read the full post

Posted in Assured Shorthold tenancy, assured-tenancy, Deposits, Disrepair, FLW case note, Housing law - All, Introductory and Demoted tenancies and Unlawful eviction and harassment. Tags: , .

Tenancy Deposit – Tiensia revisited

By NL on 22/11/2009. 9 Comments

We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing.

Tiensia at County Court first instance found that late compliance in protecting the deposit and sending the required information was not ‘complying with the initial requirements of the scheme’ (s.213 HA 2004) because the requirements of the scheme itself, Tenancy Deposit Solutions Limited, required this to be done within 14 days of receiving the deposit (and, apparently, also so did s.213).

Now it turns out that Universal Estates appealed, presumably to the Circuit … Read the full post

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

Tenancy deposit – late compliance again

By NL on 07/11/2009. 20 Comments

Da Costa v Pinter Bromley County Court April 2008

With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated ‘Payment required in advance of £4,200′. The invoice from the landlords agents said that of this, £2,250 was ‘a deposit’.

At the end of the tenancy, the deposit was requested by the tenant, but not returned. There was also no trace that the deposit had been protected in one of the schemes. The tenant brought a claim for deposit and the penalty. After the issue of proceedings, but before the … Read the full post

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

Bits from August LAG 1: Tenancy Deposits

By NL on 11/08/2009. 25 Comments

As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.

Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a 12 month AST from May 2008. The tenancy agreement stated that there was a £600 deposit ‘as security for the faithful performance of the terms of the lease’. The deposit was not paid into a scheme. During the 12 month term, Ms Harrington, the landlord agreed to accept notice to terminate the tenancy … Read the full post

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

Tenancy deposit alert

By NL on 06/06/2009. 0 Comments

Mydeposits.co.uk, which is one of the approved TDS schemes, has issued a press release warning about mytenancydeposits.co.uk, whose site purports to be that of an approved TDS custodial scheme. It isn’t. Any landlord whose deposit is with mytenancydeposits.co.uk has not complied with the requirements of the scheme and may face the 3x penalty.

mytenancydeposits.co.uk is run by a company called MTD Secure Limited. They claim to be “administering a tenancy deposit protection scheme by Tenancy Deposit Solutions Limited under contract from Communities & Local Government”. This is not true.

Now, if they are going to lie about that, it would probably not be a good idea to hand them any … Read the full post

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

Tenancy Deposit – variations on a theme

By NL on 17/05/2009. 19 Comments

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters…

Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor the required information given. Ms Rollings was apparently unaware of the existence of the deposit scheme. The deposit remained unprotected until shortly before the initial hearing of Mr Seghier’s claim in June 2008. At the hearing Ms Rollings gave a copy of the certificate of deposit to Mr Seghier, but the prescribed information was … Read the full post

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