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Decision in High Court TDS Case

We have been informed that a decision in relation to the High Court case of Draycott v Hannells Lettings is to be handed down tomorrow (Friday 11 February 2010).

This is a case relating to Tenancy Deposit Protection in which PainSmith has been acting for Hannells. It represents the first binding decision in relation to this area.

3 Comments

  • Alex Paterson 18th February 2010 at 6:16 pm

    Thank you for your very clear description of this case and for reporting it as well as you have, this is our current situation which we are going through the courts with at the moment. Any enlightened on the situation would be greatly received.

    We entered into a STA on the 16/03/09 and with it ending on the 19/09/09 and we are still waiting to receive our deposit back. It has not been protected in any scheme after it was given to the agent, who then forwarded it to the landlady. The Landlady has said she has returned the deposit in full but they cannot provide proof of postage.

    We the tenant have issued proceedings against the Letting agent and not the landlord and have stated that the agent is liable for the penalty of three times the deposit. To support our argument we have put forward the wording of section 212(9)(a) of the Housing Act 2004 which states:

    References to a landlord or landlords in relation to any shorthold tenancy or tenancies include references to a person or persons acting on his or their behalf in relation to the tenancy or tenancies.

    In the contract it states that the tenant agrees to pay to the landlords agent the deposit on the signing of this agreement and after the end of the tenancy the Agent on behalf of the landlord shall return the deposit
    We the tenant therefore submit that this definition includes the agent and therefore the penalties set out in s214, which are expressed as applicable to the landlord, are equally applicable to the landlord’s agent.

    This was adjourned on the 20/01/10 until 01/04/10 for directions at Chester County Court. We have been keeping an eye on a similar case at the moment which is Draycott v Hannells Lettings Ltd and would like to find out which track they went down with this case. Any advice would be greatly received.

    Thanking you

    Alex Paterson and Catherine Young.

    • PainSmith 19th February 2010 at 9:35 am

      Well this is the Draycott v Hannells case that we have reported. We would suggest that you send a copy of the judgement to the other side and ask them if they wish to settle.

  • Alex Paterson 24th February 2010 at 9:19 am

    Thank you very much for your words of wisdom and I shall do this asap. I would like to say how informative and well put together your website and case studies have been and will be recommending you to all that will listen.
    Thanks again,
    Alex

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