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, Housing Act 2004 (deal with the deposit in accordance […]

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 taken on an assured shorthold tenancy […]

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 payable in advance. The Law and The Problem […]

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 Just how quickly can one become outdated?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 and in force from 6 April 2012 appears […]

Informing Deposits

Ayannuga v Swindells (2012) CA (Civ) 6 November 2012. On Lawtel but not on BAILII yet. The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had […]

The Deposit Alignment

Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been set aside on appeal to a circuit judge. While this […]

A couple of dates and some information short of a s.21 notice

This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy – contractual date v rent date. Our thanks to Legal Action’s ‘Recent Developments in Housing Law’ , Edwards Duthie and Liz Davies […]

Tenancy deposit penalties awarded!

There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent […]

Tenancy Deposits Back in the Localism Bill

We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position back to that which was set out by the government when it originally put the […]

Eviscerated? Now also Drawn and Quartered

Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority ‘eviscerated’ the tenancy deposit protection legislation. The Court of Appeal has now returned to complete the job with a hanging by the […]