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...
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...
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...
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...
English Tenancy Deposits Are Less Interest-ing
A very brief note to point up the slightly less than earth shattering Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015. This comes into force on 4 February 2015 in England only and revokes the equally fascinating Housing...
Of Penalties and Possession
Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit...
Etcetera.
A few bits. There are four new FTT bedroom tax decisions on the FTT page, including one from Manchester where subsidence was classed as a 'natural catastrophe' for the purposes of continuity of property for the 1996 exemption. There are two room size and use...
Tweets from rented rooms
A series of tweets gathered under the hashtag #LDNlandlord today (Thursday 15 May) offered an insight (if one were needed) into the state of the London private rental market. For the housing lawyer, it was also a opportunity to play claim/offence bingo. So,...
The Tenant (Super)Strikes Back
As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting - and important - question. If a fixed term has expired and a statutory periodic tenancy arisen, do the requirements in s.213,...
Deposit received, one way or another
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a deposit was...
A Further Deposit From the Court of Appeal
Johnson & Ors v Old [2013] EWCA Civ 415 The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent...
Deposit scheme – a new wheeze
So, I gave a talk on the deposit scheme post Localism Act on Tuesday morning, then surface to immediately find word of a new wheeze being tried by landlords. Just how quickly can one become outdated? The Housing Act 2004 as amended by the Localism Act 2011...