There are four interesting cases in the most recent edition of Legal Action Magazine on proceedings for possession under section 21 and the provisions of the Housing Act 2004, so I hasten to share them with you. They all cover different points. Although they are all County Court decisions and therefore not binding on other…
One of my clients has drawn my attention to an interesting forum discussion on tenancy deposit claims here. It seems from this that many Judges (although not all) are taking the view that the fine of three times the deposit amount should not be awarded if the landlord refunds the deposit before the court hearing….
One aspect of the Foxtons case which I have not seen mentioned is the impact this will have on the status of past payments. To remind readers, a claim has been brought against Foxtons by the Office of Fair Trading, for a declaration that some of the terms in their landlord agency agreements are unfair…
I am obliged once again to the Pain Smith blog for drawing my attention to a new County Court case on the Tenancy Deposit Protection Scheme regulations. One of the many imponderables of the regulations is whether or not they apply to deposits taken before 7 April 2007, where a new tenancy agreement had been…
As many of you may know, the Office of Fair Trading (OFT) is involved in litigation with Foxtons Ltd (the letting agents) regarding Foxtons’ refusal to agree that certain terms in their agency contracts with landlords are unfair under the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR). One side issue in the litigation was…
There is a report of a new tenancy deposit case on the Nearly Legal website. (Piggott v Slaven, Great Grimsby County Court 23 February 2009.) Although this is a County Court decision and therefore cannot bind Judges in future cases, it is interesting, and may be worrying for many landlords. It appears that in this…
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Foxtons on Twitter
Having nothing better to do today, while messing around on the computer I did a twitter search on Foxtons. It was interesting to see what came up. – There were a large number of moans from discontented tenants and landlords. – There was the announcement of the Court of Appeal’s decision (against Foxtons) in the…