As has already been announced on the PainSmith blog and on Nearly Legal, there is now, finally, a binding decision (for now) on tenancy deposits and the vexed question of when the award of three times the depost sum can be made to the tenant. Whether it is a decision that we like is another [...]
Tag Archive: case law
Two harassment and unlawful eviction damages cases
The January issues of Legal Action Magazine has two reports on harassment and unlawful eviction damages cases, which I thought might interest you. Note the massive damages in the second case!
Odera v. Iqbal – Luton County Court, 3 September 2009
In this case the tenant had the tenancy of a room in a shared [...]
Tenancy deposits – s21 notice served before deposit paid is valid
A case recently reported in the Legal Action Magazine shows how silly things can get, if the court paperwork is not completed correctly by the claimant or his solicitors.
Mr O’Brien granted Mr Hill an assured shorthold tenancy from 9 June 2008. No deposit had been paid to him. On 12 June he served a section [...]
Can agents ever sign possession claims?
We all know, or those of us who do possession proceedings know, that only the landlord (the claimant) or his solicitor can sign the court paperwork for issuing a county court claim for possession. Claim forms being signed by letting agents is one of the top reasons why cases get chucked out by the court.
This [...]
OFT v. Foxtons case – what now?
The Supreme Court decision in the OFT case against the banks has been handed down today, and to the surprise of many it is in favour of the banks rather than the OFT.
This will also impact on the OFT v. Foxtons case, as I understand Foxtons were waiting for this decision to be published before deciding whether [...]
Landlord flouting the spirit of the tenancy deposit legislation says Judge
There is new tenancy deposit case report in the November issue the Legal Action Magazine, Da Costa v. Pinter, which took place at Bromely County Court in April 2009.
Here the tenancy agreement provided for a monthly rent of £1,950 but also stated ‘Payment required in advance of £4,200′. The agents invoice described £2,250 of this [...]
The Landlord Law Blog from Tessa Shepperson
Foxtons to appeal decision in OFT unfair terms case
A report in the Times today confirms,what we all suspected would happen as soon as the Banks decision was announced, ie that Foxtons will be appealing the High Court decision against them in the claim brought by the Office of Fair Trading.
As you will remember, the OFT brought a claim against Foxtons claiming that their [...]
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