Appeal against a decision in an action which was brought against the appellants for possession and arrears of rent. There was a counterclaim for a penalty payment pursuant to section 214(4) of the Housing Act 2004 for a failure by the respondents to the appeal, to place a rent deposit in an appropriate scheme and … Continue reading Okadigbo and Another v Chan and Another: QBD 23 Oct 2014
The defendant landlord sought to appeal against an order that he pay to the respondent tenants a penalty under the 2004 Act of three times the tenancy deposit. The court was now asked whether there was has any right to have set aside a judgment reached on the merits, but in his absence. Held: Such … Continue reading Kenny and Others v Abubaker and Others: CA 23 Oct 2012
Gladehurst had let the property to the two tenants under an assured shorthold tenancy. They paid a deposit, which it retained and never paid into the deposit scheme. The tenancy came to an end when the tenants vacated the property, after which deductions from the deposit were made for breaches of the cleaning and repairing … Continue reading Gladehurst Properties Ltd v Hashemi and Another: CA 19 May 2011
The claimant had been a shorthold tenant. The landlord had failed to secure the deposit as required, but offered to repay it after the determination of the tenancy. The claimant now appealed against a refusal of an award of three times the deposit. Held: The appeal failed. Sharp J said: ‘section 214(4) is mandatory in … Continue reading Potts v Densley and Another: QBD 6 May 2011