Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Gladehurst Properties Ltd v Hashemi & Anor [2011] EWCA Civ 604 (19 May 2011) We now have a further court of appeal ruling on deposit protection, in particular can an ex-tenant make an application for 3 times deposit once a tenancy has ended. Although at first glance, the outcome of this case may seem good news for landlords, I wonder if this is very...

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Potts v Densley & Anor [2011] EWHC 1144 (QB) Thanks again to the Painsmith blog for this one. Background The landlord granted the tenant a tenancy of 12 months from 12 May 2007. A deposit of £1,500.00 was paid and duly registered by the landlords managing agent with the tenancy deposit scheme (Dispute Service). In 2009, the landlord and tenant agreed...

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   Nearly Legal have reported an interesting new tenancy deposit case Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported). As a brief summary of this case, the landlord granted a 12 month assured shorthold tenancy late 2007 and a further renewal was granted for another 12 months. The tenancy then ran periodic until the...

Please note: for cases after 6 April / 6 May 2012 this can no longer be relied upon   The wait is over for the Court of Appeal ruling in Tiensia v Vision Enterprises Ltd (t/a Universal Estates) and between Honeysuckle Properties v Fletcher [2010] EWCA Civ 1224 (11 November 2010). To assist explaining the judgment, we have created some questions and answers I have just realised I have not protected my tenants deposit. No claim has been made...

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...