‘A rogue landlord who created fake identities and letting agents to keep deposit money in an “elaborate web of misinformation” has been fined.’
BBC News, 13th January 2023
Source: www.bbc.co.uk
‘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.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 30th October 2022
Source: nearlylegal.co.uk
‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’
Lamb Chambers, March 2022
Source: www.lambchambers.co.uk
‘The government introduced a ban on evictions in March 2020 to protect renters during the pandemic, but this was lifted in May 2021.
Now government figures show that repossession claims by private landlords are returning to pre-pandemic levels.’
BBC News, 24th February 2022
Source: www.bbc.co.uk
‘Investors who lost money in a failed property development in Liverpool should sue their former solicitors rather than the law firm which held and paid out their deposits, the High Court has ruled.’
Legal Futures, 11th January 2022
Source: www.legalfutures.co.uk
‘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 the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’
Nearly Legal, 2nd November 2021
Source: nearlylegal.co.uk
‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’
Nearly Legal, 18th July 2021
Source: nearlylegal.co.uk
‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’
12 King's Bench Walk, 24th July 2020
Source: www.12kbw.co.uk
‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’
Nearly Legal, 26th April 2020
Source: nearlylegal.co.uk
‘There will have been many cottages lying empty over the Easter period. Many of them will have been booked and the person who booked will have paid a deposit. What is the position? Are they liable to pay the balance? Can they recover the deposit? A cursory search of such guidance as there is online suggests that the doctrine of frustration may have been overlooked.’
Tanfield Chambers, 14th April 2020
Source: www.tanfieldchambers.co.uk
‘Liaw v Sohal. Central London County Court, 10 January 2019. (unreported elsewhere, we’ve seen the approved judgment). A county court first instance deposit claim decision, but with elements of interest and broader relevance (as well as some lessons to landlords as to how not to conduct a case.).
Nearly Legal, 11th January 2020
Source: nearlylegal.co.uk
‘The director of a lettings and property management agency who defrauded more than £230,000 from the landlords and tenants that were his clients has received a two-year prison sentence, following an investigation by Southampton City Council’s Trading Standards Service.’
Local Government Lawyer, 19th December 2019
Source: www.localgovernmentlawyer.co.uk
‘Insolvency and Companies Court (ICC) Judge Barber held that the Lundy Granite principle does not extend to an obligation to ‘top up’ a rent deposit fund, where sums had been withdrawn from the fund to pay rent. Re London Bridge Entertainment Partners shows how seemingly immaterial business decisions made when an entity is solvent will be thrown into relief when the same entity becomes insolvent. Here, the decision to ‘pay first, ask questions later’ from the deposit fund meant that the landlord effectively lost its priority ranking in respect of those rent payments; a priority it could otherwise have been entitled to. The case also demonstrates that the ambit of provable debts will continue to be construed broadly, while the category of administration expenses will be narrowly construed. Written by Samuel Parsons, barrister at Guildhall Chambers.’
Guildhall Chambers, 22nd November 2019
Source: www.guildhallchambers.co.uk
‘A quick note, because Rea Murray has done the heavy lifting for me. We’ve seen the ‘claims for multiple deposit breaches’ issues before, although in the guise of whether a claim could be brought for a number of tenancies at once. This was a county court appeal to a circuit judge on exactly what counted as a claimable breach, and how many could be claimed per tenancy.’
Nearly Legal, 3rd June 2019
Source: nearlylegal.co.uk
‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’
Nearly Legal, 6th May 2019
Source: nearlylegal.co.uk
‘This was a directions hearing in a possession claim, supposedly brought by Ojo & Opaleye. The tenant, Ms M, was defending on the basis of failure to comply with deposit protection regulations.’
Nearly Legal, 15th February 2019
Source: nearlylegal.co.uk
‘Ms T was Ms N’s assured shorthold tenant, with a fixed term tenancy starting on 25 July 2013. The tenancy became a statutory periodic on 25 July 2014. An initial deposit of £1300 was taken, but it was not protected until 22 January 2014. When the statutory periodic tenancy began, Ms N did not renew the deposit protection (as then required by MyDeposits) and the deposit ceased to be protected some weeks after the statutory periodic tenancy began. It was not again protected until 23 February 2017. Prescribed information was, in each case, provided to Ms T at about the time of the protection.’
Nearly Legal, 10th October 2018
Source: nearlylegal.co.uk
‘For many years, parts of the construction sector have pushed for improvement of the market’s treatment of retention monies. Post-Carillion and its devastating impact on suppliers, however, matters may have reached a tipping point. On 9 January 2018 – a few days before the construction giant’s collapse – the backbencher Peter Aldous introduced the Construction (Retention Deposit Schemes) Bill under Parliament’s Ten Minute Rule. Given the importance of government support in mustering a majority in the House of Commons, relatively few Private Members’ Bills (PMB) become law. To this end, proponents of the “Aldous Bill”, not least the Waveney MP himself, have been busily promoting its merits within the industry and rallying support among politicians ahead of it being debated by MPs at the second reading.’
Practical Law: Construction Blog, 15th May 2018
‘The Claimants were the tenants of a property owned by the Defendant by way of an Assured Shorthold Tenancy Agreement dated 18th September 2012. A deposit was paid in the sum of £500 but not protected by the Defendant.’
Nearly Legal, 31st October 2017
Source: nearlylegal.co.uk
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