Tag Archives: Housing Act 2004

The lessons to learn from Superstrike

The facts of the recent Superstrike v Rodrigues Court of Appeal case don’t on the face of it appear the be applicable to tenancies granted after the tenancy deposit scheme legislation came into force in April 2007. The case concerned … Continue reading

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Are advance payments of rent caught by the Tenancy Deposit Scheme rules?

The short answer is in most cases probably not and I was a little surprised to find that this had been argued all the way to the Court of Appeal in Johnson and others v Old. The claim arose after … Continue reading

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Swindells v Ayannuga: Is substantial compliance with the tenancy deposit requirements enough?

When the Localism Act 2011 brought in changes to the tenancy deposit framework many people thought that may be the end of the TDS litigation that had been coming before the courts for the last few years since they were … Continue reading

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Tenancy Deposit Schemes: A New Dawn?

Regular readers will know that I have blogged about Tenancy Deposit Schemes a number of times before, in particular regarding the series of cases that came before the senior courts over the last couple of years which blunted the sanctions … Continue reading

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Default judgment and forfeiture, can they? Can’t they?

The holy grail of leasehold enforcement proceedings for a landlord of a property on a long residential lease is forfeiture.  Forfeiture is often criticised as a outdated and unfair remedy for a landlord and is never far from the top of … Continue reading

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Tenancy Deposit Scheme changes coming

Some say what has happened to the tenancy deposit legislation constituted perverse judicial interference, I’m not so sure.  However, the government did decide to act after decisions like Tiensia and Gladehurst severely diluted the original intention of the legislation. Amendments … Continue reading

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Don’t forget the prescribed information

The last 12 months have seen a plethora of cases coming before the higher courts concerning the tenancy deposit legislation in sections 212, 213 and 214 of the Housing Act 2004.  I have blogged about most of them! When we … Continue reading

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