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….
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…
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…
I have just read an interesting case (Hunt v. Hussesin, Epsom County Court) in the housing section of the Legal Action Magazine, which should serve as an awful warning to landlords tempted to lock out their tenants. In May 2003 Mr Hunt took on an assured shorthold tenancy of a room from Mr and Mrs…
Regular readers may remember that back in June the National Landlords Association (NLA) published the court order made in respect of the merger litigation. I have now been provided with a copy of the Judgement in this case by the NLA, who wondered if I could put it into layman’s language! Judgements are tricky to…
A few matters on the subject of tenancy deposit protection which I have been meaning to comment on for a while. The August issue of Legal Action Magazine has two cases on tenancy deposit claims, which go to support tenants claiming against landlords who breach the tenancy deposit regulations. If you want to read the…
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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…