header-logo header-logo

24 May 2013 / Mathew McDermott
Issue: 7561 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Guaranteed chaos

property_5

When is a tenancy deposit not a tenancy deposit? Mathew McDermott reports on Johnson v Old

Few areas of law can have so disproportionately consumed time and money than the litigation regarding the protection of tenancy deposits. Ever since the Housing Act 2004 (HA 2004) introduced a statutory scheme for their protection the higher courts—and an immeasurable number of county courts—have been occupied with deciphering what Parliament had intended when introducing this scheme.

Sections 212–215 of HA 2004 saw the tenancy deposit pendulum swing the tenant’s way, who was seemingly able to obtain the return of his deposit plus three times its value if the landlord had complied but complied late (after 14 days of receipt). However, following Vision Enterprises Ltd v Tiensia [2010] EWCA Civ 1224, [2011] 1 All ER 1059 and Gladehurst Properties Ltd v Hashemi [2011] EWCA Civ 60, [2011] All ER (D) 180 (Jan) the Court of Appeal thrust the pendulum the other way by explaining that there was in fact no 14-day time limit for compliance and, moreover,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll