The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
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, important comments here), I have been spurred on to think about the original purpose […]
Draycott & Draycott -v- Hannells Letting Limited  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 significant decision. This was an appeal by Hannells from a […]
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 not binding. Mr B rented a two bed property from […]
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
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 O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He […]
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 compliance in protecting the deposit and sending the required information […]
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 of £4,200’. The invoice from the landlords agents said that of […]
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting. Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had […]
Mydeposits.co.uk, which is one of the approved TDS schemes, has issued a press release warning about mytenancydeposits.co.uk, whose site purports to be that of an approved TDS custodial scheme. It isn’t. Any landlord whose deposit is with mytenancydeposits.co.uk has not complied with the requirements of the scheme and may face the 3x penalty. mytenancydeposits.co.uk is […]