Late, later, too late

North v Tyndale. Clerkenwell & Shoreditch County Court (4 October 2018) (Thanks to Nik Nicol, One Pump Court and Sadikur Rahman, Edwards Duthie for note of decision on which this is based). So, from the Supreme Court, to a first instance county court decision, but one that raises and probably disposes of, a certain line […]

Too soon?

Our thanks to Sally Blackmore of Ely Place Chambers for her note of this deposit case, which unaccountably slipped past us at the time (a year ago). The issue is the effect of the landlord providing the prescribed information before a deposit has actually been received. The parties aren’t named, nor is the court (though […]

Initial Requirements and late prescribed information

Our thanks for this county court possession and deposit appeal case note to Josephine Henderson of Five Paper Chambers and Dambudzo Tenner of Duncan Lewis Amak Property Investments (London) Ltd v Laura Sonny B01CL657. 15 September 2016, The County Court at Central London This was an appeal of the dismissal of a set aside application following […]

Homeless eligibility amends and deposit discretions

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2016 have (finally) been made to come into force on 30 October 2016. These sort out the anomaly highlighted in Romans v Southwark LBC and SSDCLG and Alabi v SSDCLG about those with leave to remain granted under Appendix FM. Their eligibility for housing and homeless […]

When is a deposit returned? Once more with confusion

Our thanks to Guild of Residential Landlords for this note of a county court possession case. It is a counterpoint to an earlier County Court case on a similar issue, Ahmed v Shah, Bradford County Court. June 2015 (link is to our note). Yeomans v Newell, Canterbury County Court 25 May 2016 An assured tenancy was granted […]

Deposits, leaflets and company landlords

Bali v Manaquel Company Limited, County Court at Central London (HHJ Hand QC), 15th April 2016 (Unreported elsewhere. We’ve seen a note of judgment) This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken […]

When is a deposit repaid?

Our thanks to Bahareh Amani-Kholsari of SSP Law for this interesting County Court possession/deposit case. As per s.215(2A), if a deposit was not protected in the required time, no s.21 notice can be served until the deposit has been returned to the tenant (subject to all the Deregulation Act changes…). So when is a deposit returned? […]

Deposits – the White Book is wrong

The 2015 White Book, (the bible of the Civil Procedure Rules) contains a serious error in the sections on tenancy deposit claims under s.214 Housing Act 2004. It appears that the notes do not correctly deal with the effects of the Localism Act amendments, instead stating a position as if Hashemi and Tiensia still applied. […]

Making sense of deposits. Nearly.

It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both landlords and tenants. So, in a spirit of helpfulness (and to stop people asking me All The Time), here is the NL […]