Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a […]
Category Archives: Deposits
Deposits – Better to give than to receive
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express […]
No release from gas
Trecarrell House Limited v Rouncefield, County Court at Exeter, 13 February 2019 (unreported elsewhere) The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations. That […]
A Housing Court – MHCLG have some odd questions for you.
And so the promised ‘call for evidence’ on the need for and outline of a specialist Housing Court has come to pass. And, frankly, what an odd thing it is. First, the MCHLG press release is headed Except the one thing that is definitely not happening in this is the unveiling of any actual proposals. […]
Late, later, too late
North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court decision, but one that raises and probably disposes of, a certain line […]
Too soon?
Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing the prescribed information before a deposit has actually been received. The parties aren’t named, nor is the court (though […]
‘Things not to do’ corner – Deposit protection counterclaim edition
Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by the landlord Wood was met with a defence and counterclaim on the basis that that the prescribed information had not been […]
Deposits – don’t mislead about compliance. And the multiple breach issue
(14/11/2019 NB, this post has been edited following a complaint from Mr Scott, details of which will be set out below) Thank you to my colleague and fount of wisdom Deirdre Forster for this case note on a tenancy deposit claim. Howard Davies v Scott, County Court at Clerkenwell & Shoreditch, 18 January 2018 In […]
On a Housing Court and (not) making things simpler.
A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not […]
Deposits, Lies and Unlawful Evictions
Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in […]
