The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
Tenancy Deposits on Sale and Rent Back on Appeal
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Assured Shorthold tenancy
Tenancy Deposits: A retrospective
In advance of the brace of Court of Appeal hearings on the tenancy deposit scheme (TDS), contained in sections 212-4 and Schedule 10, Housing Act 2004, and after the High Court decision in Draycott & Draycott v Hannells (discussed with additional,...
Two weeks, three months, whatever. TDS in the High Court.
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...
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll set the...
John Healy saves the world*
*Not really. The current housing minister, who holds the current record for the number of times a housing minister's name can be mentioned in a press release, has announced forthcoming legislation, in response to the Rugg report. More details here [link to...
Tenancy Deposit – renewal of tenancy again
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...
Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Catching up with LAG
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...
Rent Repayment Orders
As well as the process of criminal convictions and fines which results from the failure to have the necessary property licence as required by the Housing Act 2004 there is a further penalty which can be imposed on unlicensed landlords. This is the Rent...
Sale and leaseback – a transaction at an undervalue?
Could the sale and leaseback of a house be a transaction at an undervalue and thus be caught by section 423 of the Insolvency Act 1986? This was the main question considered by the High Court in Delaney v Chen although some other points of interest were...
On the Naughty Step
And what a thoroughly deserving new entrant to the roll we have in Anthony Carroll, apparently known as 'Uncle Tony', although 'Uncle' to whom and whether any Godfather style references were intended is not at all clear. Mr Carroll is a Nottingham based...