The DCLG has produced details of the commencement of the Localism Act 2011 that relates to tenancy deposit schemes. We have already reported on the significant changes to take effect from 6 April 2012 but until now we didn’t know what the position would be with existing or previously unprotected deposits. Would the changes only apply to new deposits received after April or, will the changes apply all the way back to first introduction in...

Mrs A Farrand v Ms V Ierardi Brentford County Court 24 June 2011 1UC03134 An interesting case which we assisted one of our members with, which if does nothing else, helps summarising the procedure to follow if an accelerated possession procedure doesn’t go according to plan. This case also illustrates that you could have a very straightforward claim for possession but experience severe delays (in this case 4 months). Full compliments must go...

KT Property v Joseph Pritchard Bristol County Court 3 February 2011 This case, although quite rare was in our view certainly interesting and was one that made the mice in our heads revolve on the spinning wheel at great speed and for long periods of time. That being said, full credit must go to Evicthem as they did the vast majority of work. Background During January 2010, the landlord (KT Property) was approached by a prospective tenant but he...

The tenancy deposit legislation has provided many problems for landlords, in particular this is true for student landlords. One way to avoid the scheme for student lettings would be to grant an assured tenancy rather than an assured shorthold. However, before we go on to the advantages of this, the massive disadvantage is that an assured tenancy grants a tenant security of tenure and you can NEVER serve a section 21 (two months) notice....

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...