Two weeks, three months, whatever. TDS in the High Court.

Draycott & Draycott -v- Hannells Letting Limited [2010] 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 […]

Tenancy Deposit – renewal of tenancy again

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 […]

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 O’Brien granted Mr Hill a 12 month AST on 9 June 2008. He […]

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 compliance in protecting the deposit and sending the required information […]

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 of £4,200’. The invoice from the landlords agents said that of […]

Bits from August LAG 1: Tenancy Deposits

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 […]

Tenancy deposit alert, which is one of the approved TDS schemes, has issued a press release warning about, whose site purports to be that of an approved TDS custodial scheme. It isn’t. Any landlord whose deposit is with has not complied with the requirements of the scheme and may face the 3x penalty. is […]

Tenancy Deposit – variations on a theme

Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters… Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor […]

Tenancy Deposit – it gets worse

Hat tip to Tessa at Landlord Law for this. There are reports on various tenant/landlord forums of tenants losing Housing Act 2004 claims for 3x deposit on unprotected deposit/lack of notification cases where the landlord has returned the deposit to the tenant prior to hearing. Here’s an example. This approach relies on the wording of […]