A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
Tenancy Deposit Protection on Sale and Leaseback
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Assured Shorthold tenancy
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...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)...
Unlawful eviction quantum again
Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75 per week in...
Tenancy Deposit – Tiensia revisited
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...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Tenancy deposit – late compliance again
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...
It is an ex-parrot
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir...