When is a deposit repaid?

Our thanks to Bahareh Amani-Kholsari of SSP Law for this interesting County Court possession/deposit case. As per s.215(2A), if a deposit was not protected in the required time, no s.21 notice can be served until the deposit has been returned to the tenant (subject to all the Deregulation Act changes…). So when is a deposit returned? […]

Deposits – the White Book is wrong

The 2015 White Book, (the bible of the Civil Procedure Rules) contains a serious error in the sections on tenancy deposit claims under s.214 Housing Act 2004. It appears that the notes do not correctly deal with the effects of the Localism Act amendments, instead stating a position as if Hashemi and Tiensia still applied. […]

All of the wrong. And then some more.

Kazadi v Martin Brookes Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold tenancy deposit and unlawful eviction case in which everyone involved save the tenant – letting agent, landlord and police – did things about as […]

Making sense of deposits. Nearly.

It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants. So, in a spirit of helpfulness (and to stop people asking me All The Time), here is the NL […]

S.21 and return of deposit.

Via Jonathan Starr of Switalskis Solicitors comes this account of a PRS possession/deposit case.  The account is by Mr Starr, slightly edited. Although only a county court case, so non-binding, there are some interesting points about the return of deposit via a deposit scheme being inadequate for a s.21 to be valid. Ahmed v Shah, […]

How late it was, how late

Khuja v Chowdhury [2015] EW Misc B18 (CC) A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work. Ms C was the assured shorthold tenant of Mr K, allegedly a ‘major landlord in Oxford’. The tenancy started on 7 […]

Deposits, penalties and discretions

Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the amount of penalty under section 214 “(4)     The court must . . . order the landlord to pay to the applicant a sum […]

Tenancy deposits – where we are now?

With the relevant parts of the Deregulation Act 2015 having come into force on 26 March 2015, time for a quick outline of what the changes mean for deposit protection and section 21 notices. Deposit taken pre 6 April 2007 which became statutory periodic after April 2007. Superstrike [our note] found that any pre 2007 […]

Lord Justice Lewison and the Return of English

I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am thinking here of Spencer v Taylor (which we analysed here), […]

Unlawful eviction and harassment quantum update

With grateful thanks to Jan Luba QC and HHJ Madge’s housing update in the December 2014/January 2015 Legal Action, here are a few recent County Court cases on unlawful eviction and harassment. Alabbas v Uppelle. Leicester County Court, 8 October 2014 Mr Alabbas was Ms Uppelle’s assured shorthold tenant from April 2008. In April 2009, Mr A complained […]