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 […]

Deposits, penalties and discretions

Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the amount of penalty under section 214 “(4)     The court must . . . order the landlord to pay to the applicant a sum […]

Of Penalties and Possession

Charalambous & Anor v Maureen Rosairie Ng & Anor [2014] EWCA Civ 1604 The Court of Appeal has again thrown the cat among the tenancy deposit protection pigeons. In Charalambous it had to grapple with the, admittedly fairly rare scenario, of a deposit taken entirely before the tenancy deposit protection schemes came into force where […]

Etcetera.

A few bits. There are four new FTT bedroom tax decisions on the FTT page, including one from Manchester where subsidence was classed as a ‘natural catastrophe’ for the purposes of continuity of property for the 1996 exemption. There are two room size and use decisions, and one Article 14 disability decision – although this […]

Make do and mend: Undoing Superstrike on deposits

The Govt has published the text of the Government amendment to the Deregulation Bill that is proposed to deal with tenancy deposits and specifically the Superstrike position of a new tenancy (and requirement to re-protect the deposit and re-serve the prescribed information) arising when a fixed term ends and a statutory period tenancy begins. The […]

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 […]