Wood v Arkley, County Court at Bradford, 15 March 2018 Our grateful thanks to counsel Vilma Vodanovic and solicitor Nawaz Zeb of Foundation for the note of judgment. A section 21 possession claim by the landlord Wood was met with a defence and counterclaim...
Deposits, Lies and Unlawful Evictions
Zeeshan v Mahmood, County Court at Manchester, 27 October 2017. (Our grateful thanks to Amy Tagoe of Stephensons Solicitors for the following note of this unlawful eviction case) The Claimants were the tenants of a property owned by the Defendant by way of...
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...
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...
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,...
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...
Deposits, dog hairs, doors and defamation
Owens & Anor v Grose & Anor [2015] EWHC 839 (QB) As if tenancy deposits weren't complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to the...
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...
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,...
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...
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...
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...