PIMS ≡
  • Facebook
  • Facebook
  • Facebook
  • About us
  • Contact us
  • Join
  • Forgotten Password?

Property Information Made Simple

  • Tenancy Agreement
  • Starting Tenancy
  • Managing Tenancy
  • Ending Tenancy
  • Legislation
  • Letting Agents
  • Latest News
  • Credit Checks
  • Latest Blog
  • Letting Flowchart
  • ABC to Lettings
  • Document Centre
  • Helpline
  • Landlords Insurance
  • EPC
  • Rent in Advance, Pre-Tenancy Payments and the Risk of Getting It Wrong
  • Should Landlords Trust British Gas - 5 Appeals
  • RENTERS RIGHTS INFORMATION SHEET - FINE £7000
  • PIMS Renters Right Compliant - ENDING a Tenancy
  • PIMS New DOCUMENT NEW SECTIONS
  • News archive >

News Article

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

Deposit Fine £18,720 overturned

17th Nov 2011

This defence is potentially null & void by the introduction of the  Localism Bill (15th November 2011) for now states 

  • update to include definition "grounds for an application to a county court" also applies in a case where the tenancy has ended, and in such a case the reference in subsection (1) to the tenant is to a person who was a tenant under the tenancy.”
Gladehurst Properties Ltd v Hashemi 19th May 2011 The Court of Appeal has held that, where a landlord has failed to deal with a deposit in accordance with an authorised tenancy deposit scheme, a tenant cannot apply for an award of three times the amount of the deposit under s.214(4), Housing Act 2004, if his assured shorthold tenancy has already come to an end.
 
Key Points
 
Laura West of Arden Chambers represented the appellant landlord.
 
Patten L.J. noted, at [39], that an order can only be made under s.214(3) where both alternative courses of action under that subsection are available to the court. In the present, that was not so because the deposit had already been paid back to the tenants
 
IMPORTANT If you intend using this case law as a defence you may be wiser to return some monies to the Tenant and detail reasonable deductions. Therefore this case could be mirrored. Should you fail to return ANY monies without reasonable justification it may be argued this ruling does not afford you the same protection for the circumstances would differ

The Housing Act 2004, Pt 6, Ch.4 introduced tenancy deposit schemes for assured shorthold tenancies. There are two types of tenancy deposit scheme: (i) custodial schemes, under which the landlord pays the deposit into a designated account held by the scheme administrator; and, insurance-backed schemes, under which the landlord retains the deposit but pays it to the scheme administrator at the end of the lease in the event of a dispute. All deposits paid must be dealt with in accordance with an authorised scheme.

By s.214(3), on an application by the tenant, if the county court is satisfied that the deposit is not being held in accordance with an authorised scheme, the court:
“(3) … must, as it thinks fit, either-
(a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
(b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme, within the period of 14 days beginning with the date of the making of the order.”

By s.214(4), the court must also order the landlord to pay the tenant “a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order”.

In 2007, the appellant granted a joint, assured shorthold tenancy of a flat to the respondent and his co-tenant. The tenants paid a deposit of £6,240 but the landlord did not pay this into an authorised scheme. In 2008, on expiry of the term of the tenancy, the tenants left the flat. An inventory clerk inspected the flat and advised that £1,123.99 of the deposit should be withheld by the landlord because of the flat's condition and missing items. The landlord paid the balance of £5,116.01 into the respondent's nominated bank account.

Some time after his departure from the flat, the respondent issued a claim for three times the amount of the deposit (£18,720) under s.214(4), 2004 Act. Without a hearing, a district judge struck the claim out on the ground that it had been made after the tenancy had come to an end so that the provisions of s.214 no longer applied. The respondent applied to set that order aside. Another district judge dismissed the claim in so far as it related to the claim for three times the deposit but allowed the claim to stand in respect of a disputed sum of £618 out of the £1,123.99 retained by the landlord.

The respondent appealed to the circuit judge who allowed the appeal and, inter alia, gave judgment for the tenants in the sum of £18,720 and ordered the return of the deposit.

The landlord appealed to the Court of Appeal, contending that “tenant” in s.214(1) should be construed to mean a tenant under a subsisting lease. Patten LJ held, at [37]:
“The point is not an easy one but I have come to the conclusion that the power of the Court to make an order under s.214 (3) and (4) is no longer exercisable once the tenancy has come to an end. Although s.213 makes it unlawful for a landlord to require the payment of a deposit which is not to be dealt with in accordance with an authorised scheme and requires that landlord within 14 days of receipt to comply with the initial requirement of such a scheme, it is important to note that no criminal penalty is imposed for non-compliance with these provisions. Instead, they are made enforceable at the option of the tenant under s.214. It is entirely matter for him whether he chooses to take advantage of the provisions in s.213 which were created for his benefit.”

The case details & ruling may be below

The Appeal courts ruling may be view here Gladehurst Properties Ltd v Hashemi 19th May 2011
 
 


News Archive »


Feedback includes"invaluable service", "Excellent", "A brilliant Website", "worthwhile joining" , "friendly and knowledgeable", "incredibly helpful", "outstanding" Read Reviews

 

 

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

 

 

 


Starting a tenancy
Preparing to let The do's and dont's The vetting process Documents required Using a letting agent The good letting guide
Managing a tenancy
Inspections Maintenance Dealing with problems Renewing a tenancy Rent arrears Dealing with councils Rent increases
Ending a tenancy
The checkout and exit How to deal with a problem tenant Compare eviction notices Recovering debt Enforcing court orders Section 21 notice Section 8 notice
Letting legislations
Housing benefits LHA Maintenance and repair Health and safety Provision of services HMO and licensing Tenant litigation
Site index
Tenancy lifecycle Eviction flowchart Starting a tenancy docs Managing a tenancy docs Ending a tenancy docs News
MasterCard Maestro Visa Visa Electron Switch Solo JCB ePDQ
© 2023 PIMS
  • Home
  • About Us
  • Join
  • Contact us

Website by OddSphere
Memberships are from only £79.95 a year or £29.95 a quarter
X
Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/