deposits – Current Awareness

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

Too soon? Prescribed information before a deposit taken – Nearly Legal

Posted August 19th, 2024 in appeals, deposits, housing, landlord & tenant, news, repossession by tracey

‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’

Nearly Legal, 13th August 2024

Source: nearlylegal.co.uk

Deposit orders: Addison Lee Limited v Afshar and others – Old Square Chambers

Posted July 31st, 2024 in chambers articles, deposits, employment tribunals, news by sally

‘In Addison Lee Limited v Afshar and others [2014] EAT 114, the Employment Appeal Tribunal (“EAT”) has given important guidance on the principles which govern the making of deposit orders under rule 39 of the Employment Tribunals Rules of Procedure and has considered the appropriateness of deposit orders in a case involving multiple claimants where some of the issues to be determined had been decided against the respondent in earlier proceedings involving different claimants.’

Old Square Chambers, 18th July 2024

Source: oldsquare.co.uk

Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer

Posted July 26th, 2024 in appeals, deposits, housing, landlord & tenant, local government, news, penalties by sally

‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’

Local Government Lawyer, 25th July 2024

Source: www.localgovernmentlawyer.co.uk

Schools were both entitled to full refund of ski trip deposits under Package Travel and Linked Travel Arrangements Regulations, judge rules – Local Government Lawyer

Posted July 5th, 2024 in coronavirus, deposits, education, holidays, local government, news by michael

‘A Circuit Judge has ruled that an international school trip was covered by the Package Travel and Linked Travel Arrangements Regulations 2018, which entitled two schools to terminate their contracts with a travel provider during the Covid Pandemic.’

Local Government Lawyer, 4th July 2024

Source: www.localgovernmentlawyer.co.uk

The Lowe down – Nearly Legal

Posted April 2nd, 2024 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Lowe v Governors of Sutton’s Hospital In Charterhouse (2024) EWHC 646 (Ch). A High Court appeal of a first instance county court judgment by HHJ Luba KC, which we noted here. The claim was for deposit penalties for failure to provide the prescribed information in breach of s.213(6) Housing Act 2004. It was dismissed at first instance on the basis that the requirements had been met.’

Nearly Legal, 1st April 2024

Source: nearlylegal.co.uk

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

Landlords behaving badly corner – racial discrimination and harassment – Nearly Legal

Posted March 4th, 2024 in damages, deposits, equality, harassment, housing, landlord & tenant, news, race discrimination, repossession by tracey

‘Hickmet and Cheerz Express Limited v Dragos (Luton County Court, 19 January 2024). Ms Dragos was the assured shorthold tenant of Cheerz Express, with the tenancy beginning 1 June 2017. A depot of £1,100 was paid. The tenancy became a statutory periodic on 1 June 2018. A further fixed term tenancy began on 1 August 2018, then another statutory periodic on 1 August 2019. A notice seeking possession on grounds 8, 10 and 11 was served in November 2021, and a possession claim was issued in March 2022. Oddly, this was in the name of Mr Hickmet, who was the sole director of Cheerz Express Ltd, with Cheerz being added to the claim at a later stage. Mr Hickmet maintained up to trial that he had a “tenancy by estoppel”. This might be considered an early indicator that things weren’t going to go well for the landlord…’

Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

HSBC fined £57.4m for customer deposit protection failings – BBC News

Posted January 30th, 2024 in banking, deposits, financial regulation, fines, news by tracey

‘HSBC has been fined £57.4m by the Bank of England for “serious failings” over its requirements to protect customer deposits.’

BBC News, 30th January 2024

Source: www.bbc.co.uk

The multiple deposit penalty claim question – yet again – Nearly Legal

Posted October 24th, 2023 in deposits, housing, landlord & tenant, news, penalties by tracey

‘Szorad & Anor v Kohli (2023) EW Misc 12 (CC). A county appeal to a circuit judge on the perennial question of how many deposit regulations breaches can be claimed for in respect of the same deposit.’

Nearly Legal, 23rd October 2023

Source: nearlylegal.co.uk

Rogue landlord fined £12,000 for exploiting Bristol tenants – BBC News

Posted January 13th, 2023 in consumer protection, deposits, fines, housing, landlord & tenant, news by tracey

‘A rogue landlord who created fake identities and letting agents to keep deposit money in an “elaborate web of misinformation” has been fined.’

BBC News, 13th January 2023

Source: www.bbc.co.uk

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Evictions rise: ‘I was quite upset, it was panic mode’ – BBC News

Posted February 24th, 2022 in coronavirus, deposits, landlord & tenant, news, rent, repossession by sally

‘The government introduced a ban on evictions in March 2020 to protect renters during the pandemic, but this was lifted in May 2021.

Now government figures show that repossession claims by private landlords are returning to pre-pandemic levels.’

BBC News, 24th February 2022

Source: www.bbc.co.uk

Law firm that held deposits defeats claim over failed property development – Legal Futures

Posted January 11th, 2022 in contracts, deposits, law firms, news, sale of land by tracey

‘Investors who lost money in a failed property development in Liverpool should sue their former solicitors rather than the law firm which held and paid out their deposits, the High Court has ruled.’

Legal Futures, 11th January 2022

Source: www.legalfutures.co.uk

There’s a cheque on the table – s.21 and return of deposit – Nearly Legal

Posted November 3rd, 2021 in deposits, housing, landlord & tenant, news, notification by sally

‘A County Court decision on a landlord’s application which adds to the not uncomplicated history of decisions on when a tenancy deposit counts as returned to the tenant for the purposes of s.215(2A) Housing Act 2004. (Previous cases here, here, and here). As a County Court decision, this is not binding, of course.’

Nearly Legal, 2nd November 2021

Source: nearlylegal.co.uk

RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal

Posted July 20th, 2021 in deposits, landlord & tenant, news, rent, repayment by sally

‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’

Nearly Legal, 18th July 2021

Source: nearlylegal.co.uk

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

Not signed, not sealed, not delivered – Nearly Legal

Posted April 27th, 2020 in county courts, debts, deposits, disability discrimination, disabled persons, equality, housing, landlord & tenant, news, notification, rent, repairs, repossession by sally

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

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