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Viewing entries tagged with 'Court case'

Court of Appeal decision on tenancy deposit protection

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* The Court of Appeal has set a new legal precedent for protection of deposits taken before 6 April 2007.*

Posted by Steve Harriott, Chief Executive on 29 December 2014

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Superstrike returns

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Steve Harriott, CEO We said that there was a danger that judges might start to interpret the Superstrike Judgment in relation to statutory periodic tenancies to imply that Prescribed Information needed to be re-issued when a statutory period tenancy was created.  Well it has happened.

Posted by Steve Harriott, CEO on 13 May 2014

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Scottish landlord loses tenancy deposit protection appea

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  July 2012 saw the launch of tenancy deposit protection in Scotland and one of the first cases to reach the higher courts in Scotland has now been decided by the Sherriff Principal in the Sheriffdom of Lothian and Border This was an appeal in the case of Samdup Tenzin (tenant) against Stuart Russell and Laura...

Posted by Steve Harriott, CEO on 4 February 2014

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£775 fine for an incorrect postcode!

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As I wrote in my last article, we are beginning to see deposit protection cases enter the Scottish Courts. Ross Fraser & Alison Pease v Andrew Meehan, made it clear that Sheriffs are willing to hand down the maximum penalty of three times the deposit for deliberate breaches of The Tenancy Deposit Schemes (Scotland) Regulations...

Posted by Steve Harriott, CEO on 10 September 2013

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Maximum penalty for Scottish landlord

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Steve Harriott, TDS Just 14 months on from the launch of tenancy deposit protection in Scotland the Courts have started to get their first cases for failure to comply with the legislation. The most recent case saw a landlord receive the full penalty for failing to protect a deposit; I have also written about another...

Posted by Steve Harriott, CEO on 10 September 2013

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Latest statement from TDS on recent court ruling

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This week we have received many queries from our members regarding the recent Superstrike v Rodrigues Court of Appeal case.

Posted by Ben Beadle, Head of Member Relations on 21 June 2013

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Is rent in advance a deposit? An update on Johnson vs Old

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  Mike Morgan Followers of Tessa Shepperson’s Landlord-Law Blog will have read her very useful article giving an update on the case of Johnson vs. Old, which has been the cause of some concern amongst landlords over the past few months. The case raised questions over what might constitute a tenancy deposit in the eyes of...

Posted by Michael Morgan, Head of Adjudication on 31 August 2012

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When deposit disputes have been to court, pragmatism is the order of the day

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Painsmith Solicitors recently published an article highlighting the difficult process of releasing a deposit from the custodial scheme following a court hearing (which you can view here). The courts have wider powers of investigation and take precedence over tenancy deposit protection schemes.  As a result, TDS are not able to deal with cases where a claim...

Posted by Sandy Fisher, TDS Adjudicator on 7 February 2012

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