Please note: if any case is on or after 6 April / 6 May 2012 this article might not be reliable After the handing down of the judgement in Draycott v Hannells 2010,it would seem clear as long as deposit has been protected, albeit late, there is a good possibility that a landlord can avoid the penalty provisions of the tenancy deposit scheme part of the Housing Act 2004. Much comment has been made in several cases and on the internet about “the...

Please note: if any case is on or after 6 April / 6 May 2012 this may not be reliable although some parts should remain useful. Thanks to Painsmith blog for bringing this to everyone’s attention. Draycott v Hannells Lettings Ltd [2010] EWHC 217 (QB) At the time of writing this article, this is the first binding decision on tenancy deposit schemes so is of significant importance. It would seem to agree with what we and many commentators...

Saad v Hogan Brentford County Court, 16 February 2009 (appeal heard in the County Court) Mr Saad (landlord) entered into a tenancy with Ms Hogan (tenant). The tenancy was for one year at a rent of £1,000 per calendar month. A deposit of £1,000 was paid. In November 2007, after the tenancy deposit legislation came into effect, Mr Saad granted another AST for a further year. This tenancy agreement stated there was a deposit of £1,000 but no...

Piggott V Slaven Great Grimsby County Court, 23 February 2009 Mr Piggott granted a tenancy to Ms Slaven in 2005. She paid a deposit of £600.00 for this tenancy. On 14 February 2008, another tenancy was granted for a different property. £75.00 from the earlier deposit was repaid to Ms Slaven. The balance of £525.00 was held by Mr Piggott. He said that £105.00 was for the first weeks rent and that £420.00 was “rent in advance”. On 24 June...

Fox v Hill, Preston County Court, 21 January 2010, 9PR01873 We seem to be on a bit of a run at the moment as the Guild has helped win another case for it’s members. Should a landlord get a claim for three times deposit by a tenant for a failure to protect a deposit, there is a special procedure that must be followed. A simple small claim form (N1) may not be sufficient. On 5 July 2008, the defendant landlord (Hill) granted an assured...

Sharon v Zmuda plus one other Clerkenwell & Shoreditch County Court [appeal heard 19 November 2009] 9EC02134 This is a case that is perhaps not of great importance, however, it provides a useful excuse if nothing else to explain the procedures involved for un-protecting a deposit mid way through a tenancy and the effects of such at any potential court hearings. The landlord (Dr Sharon) granted an assured shorthold tenancy to the defendant on...