The court was asked whether, where a landlord had failed to comply with the requirement to place a deposit received with a tenancy deposit scheme within fourteen days, the tenant was entitled to the penalties imposed by the Act despite later compliance, and whether the TDS scheme’s own conditions were part of the requirement. Held: … Continue reading Tiensia v Vision Enterprises Ltd (T/A Universal Estates): CA 11 Nov 2010
The tenant appealed against refusal of her claim for damages under sections 213 and 214 of the 2004 Act, saying that the notice as to the protection of her deposit had been inadequate on the grant of an Assured Shorthold Tenancy to her. Held: The appeal succeeded, and the landlord was orderd to pay the … Continue reading Suurpere v Nice and Another: QBD 27 Jul 2011
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
The tenant appealed against refusal of penalties impose for the non-securing of a tenants deposit. The deposit had been secured, and the court had found that the landlord had substantially complied with the notice requirements by matters in the tenancy agreement. Held: The tenant’s appeal was allowed. The judge had reached a conclusion quite outside … Continue reading Ayannuga v Swindells: CA 6 Nov 2012
The landlord’s agent did not place the tenant’s deposit with an authorised scheme or provide the appropriate notice within the 14 days required by the 2004 Act. T sought a penalty after it had been deposited. L said that the deposit penalty could no longer be ordered, and now appealed against on order that it … Continue reading Draycott and Another v Hannells Letting Ltd (T/A Hannells Letting Agents): QBD 12 Feb 2010
