Comments on: Tenancy deposits, blerg

By: Harvey v Bamforth - request for further information | Nearly Legal

Harvey v Bamforth - request for further information | Nearly Legal — Tue, 26 Aug 2008 19:53:53 +0000

[...] law in recent years. It has previously been discussed by NL here and here, by Housed here and here and by Landlord Law here, all of which are worth a read and, helpfully, save me from having to say [...]

By: rehoused

rehoused — Wed, 06 Aug 2008 12:58:29 +0000

That sounds like a good idea.

Would be great to get it settled one way or the other.

By: J

Wed, 06 Aug 2008 12:07:24 +0000

I wonder if there is scope for some friendly litigation? Could Shelter and / or one of the landlord groups (ARLA? NLA?) find two parties willing to run a case, with a prior agreement that neither party would seek their costs, whatever the outcome?

By: rehoused

rehoused — Wed, 06 Aug 2008 08:35:36 +0000

Thanks J and Tessa,

Let’s hope for a double appeal! Seems a little unlikely from the linked thread though.

By: Tessa

Tessa — Wed, 06 Aug 2008 06:14:08 +0000

The feedback I have recieved from a couple of unreported cases is that Judges will not make the award if the deposit is protected before the case comes to court. However I am not sure that this is what parliament intended.

There is a report from the DPS saying that some 62% of deposits go unprotected. I have commented on it on my blog http://landlordlaw.blogspot.com.

By: J

Wed, 06 Aug 2008 06:07:40 +0000

But the problem is that all these cases are small claims with a District Judge, so an appeal would only be to the Circuit Judge. You’d need the second appeal to the Court of Appeal to produce anything binding.