More results...
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...
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,...
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...
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...
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 Just how quickly can one become outdated?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...
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...
Johnson v Old, Brighton County Court We have not yet written about this case even though the first instance decision was reported in Legal Action. As it turns out this has been useful as the original decision, as written up in Legal Action has been set aside...
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy - contractual date v rent date. Our thanks to Legal Action's...
We have previously posted on amendments to the Localism Bill tabled in Commons committee which would have had the effect of rewriting the tenancy deposit protection provisions in the Housing Act 2004. The changes were designed to reset the position back to...
Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 604 (Not on BAILII at time of writing) UPDATE: Transcript now available on BAILII In Tiensia LJ Sedley said that the decision of the majority 'eviscerated' the tenancy deposit protection legislation. The...
Potts v Densley & Anor [2011] EWHC 1144 (QB) Another case on tenancy deposit protection has hit the High Court, with a rather strange outcome. P was the tenant of D and another party. The deposit was not protected during the tenancy. This was raised by P...
A brief note to highlight some unexpected amendments that have been tabled to the Localism Bill. The latest marshalled list includes new sections which are designed to make amendments to the Housing Act 2004 and specifically to the tenancy deposit protection...