Tenancy Deposit on 'Renewal of Tenancy'

Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times). This is a County Court case on the issue of ‘renewal’ of a tenancy that started before April 2007 and the introduction of the tenancy deposit rules. […]

Letting agents hit by TDS?

A recent blog post on the PainSmith blog illustrates a potentially nasty trap for letting agents (and useful alternative target for tenants) in the tenancy deposit protection system of the Housing Act 2004. According to PainSmith a let-only agent received a deposit from the tenant and passed it on to the landlord who failed to […]

It's not a deposit, honest

With thanks to Christopher Stockdale at John Barkers of Grimsby, we have had news of another Shorthold Assured Tenancy deposit case, Piggott v Slaven, Great Grimsby County Court 23 February 2009. This one is of particular interest as the issue at stake was whether there was deposit at all, or just an advance payment of […]

Deposits – the mandatory award again

As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters. Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy. Ms Jones had paid a deposit of £500, which was not put into a scheme within […]

Deposits – another County Court decision

Tessa Shepperson at Landlord Law has a report from a landlord’s solicitor on another tenancy deposit case in the County Court, this time Bedford County Court. In short, the Court found that payment of the deposit and provision of the required information by the landlord prior to the issue of a claim (and, County Court […]

Harvey v Bamforth – now with the benefit of a transcript

Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008 When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript of the judgment. So – here is what it […]

Harvey v Bamforth – request for further information

Harvey v Bamforth, Sheffield County Court, Estates Gazette, 23 Aug, 2008, pg 22. The introduction of the Tenancy Deposit Scheme (“TDS”) was one of the more positive reforms to housing law in recent years. It has previously been discussed by NL here and here, by Housed here and here and by Landlord Law here, all […]

Deposit scheme mandatory award

Just a quick note to say that Housed has a report on a County Court judgment on a claim for failure to put deposit in scheme and notify tenant within 14 days. (Stankova v. Glassonbury 10th March 2008, Gloucester County Court. Initial report apparently via Consumer Action, no reference or link) Result – mandatory 3 […]

Catching up – s.21 and tenants' deposits

A very interesting article by Francis Davey in September’s Legal Action about the Housing Act 2004. The whole piece rewards a read, but two bits caught my eye. We don’t do that many private tenancy possession defences, relatively speaking, so these were new to me. Where a shorthold assured tenancy started after 6 April 2007, […]