Richworth Ltd v Billingham (2023) EW Misc 8 (CC) Over the years we've seen a number of county court decisions on the issue of when a deposit counts as returned for the purposes of being able to serve a section 21 notice (see here and the links in that...
On credibility and penalties
Lowe v Charterhouse (2022) EW Misc 8 (CC) A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case. Mr Lowe was...
Company landlords and signing notices
Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40 This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held...
There’s a cheque on the table – s.21 and return of deposit
Gul v Bilal, Stratford Hearing Centre, 18 October 2021 (unreported. We've seen a note of hearing). A County Court decision on a landlord's application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to...
Surrender to the churn – deposits and shared houses.
Sturgiss & Anor v Boddy & Ors (2021) EW Misc 10 (CC) It is, as HHJ Luba QC notes in this appeal judgment, far from an uncommon scenario. A group of people, say four of them for neatness, take a joint tenancy of a house or flat. (Neatness because the...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court had held...
AST statutory notices and signing as a company
Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) There were two linked issues in this appeal. Where the landlord is a company, does i) a Section 8 Notice and ii) the deposit prescribed information confirmation certificate have to be signed in...
Deposit penalties – factors on culpability. Sort of.
Davies v Scott, 24 October 2019, Mayors & City County Court . HHJ Saggerson (Unreported, we've seen a note of judgment) This was a county court appeal on a failure to protect deposit claim. We saw the first instance decision on this case here. This was...
Deposit penalties. How many breaches is too many?
Howard v Dalton, County Court at Dartford, 7 May 2019 (unreported, note of judgment with grateful thanks to Rea Murray of 4-5 Grays Inn Square). A quick note, because Rea Murray has done the heavy lifting for me. We've seen the 'claims for multiple deposit...
Deposits – Better to give than to receive
Sebastiampillai v Parr. Central London County Court, 11 April 2019 (Our thanks to William Ford of Osbornes for note of this case) Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B...
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...
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...