Articles tagged Tenancy deposit scheme
Two weeks, three months, whatever. TDS in the High Court.
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB)
This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a significant decision.
This was an appeal by Hannells from a Circuit Judge [...]
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Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court
While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so not binding.
Mr B rented a two bed property from September 2006 [...]
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Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court
While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit Judge, so not binding.
Mr B rented a two bed property from September 2006 [...]
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Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
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Tenancy deposits – s21 notice served before deposit paid is valid
A case recently reported in the Legal Action Magazine shows how silly things can get, if the court paperwork is not completed correctly by the claimant or his solicitors.
Mr O’Brien granted Mr Hill an assured shorthold tenancy from 9 June 2008. No deposit had been paid to him. On 12 June he served a section [...]
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Tenancy Deposit – Tiensia revisited
We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing.
Tiensia at County Court first instance found that late compliance in protecting the deposit and sending the required information was [...]
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Tenancy deposit – late compliance again
Da Costa v Pinter Bromley County Court April 2008
With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated ‘Payment required in advance of £4,200′. The invoice from the landlords agents said that of this, [...]
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Bits from August LAG 1: Tenancy Deposits
As ever, the lovely Legal Action housing updates have some interesting County Court cases that hadn’t reached us. A couple in the August edition concern tenancy deposit cases. Nothing binding (and when will some of these cases reach a higher court?), but interesting.
Woods v Harrington, Haverfordwest County Court. 19 May 2009. Ms Woods had a [...]
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Tenancy Deposit – variations on a theme
Legal Action May 09 housing updates contain a few tenancy deposit cases, which further muddy the waters…
Seghier v Rollings, Bow County Court, 6 March 2009. An assured shorthold beginning in May 2007. A deposit was paid by Mr Seghier to the letting agent before the start of the tenancy. It was not protected, nor the [...]
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Tenancy Deposit on ‘Renewal of Tenancy’
Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times).
This is a County Court case on the issue of ‘renewal’ of a tenancy that started before April 2007 and the introduction of the tenancy deposit rules. Where [...]
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