Tag Archives: Housing Act 2004

Common Questions- “Olympic Lets”

1. Are the tenancies ASTs? Most of you will be aware that for an AST the conditions are that the property is let to an individual who will use it as their principle home. Many Olympic visitors will be here in the UK on holiday therefore it is safe to assume that they will not […]

Is my property an HMO?

For a full definition go to s254 & 257 Housing Act 2004. For those who want a translations, read on. This area is not straight forward so we have tried to make sense of the legislation and hope that you find this helpful! Basically, there are two definitions of HMO. 1. Whether your property is […]

The Localism Act

Most landlords and agents are aware of the current provisions relating to tenancy deposit protection under the Housing Act 2004. Many will also be aware of the damage that has been done to the provisions by the many, many, many, many court decisions. As a reminder two of the Court of Appeal decisions: Tiensia v […]

Reminder of HMOs’

Local authorities are gaining confidence in using their powers to introduce compulsory additional licensing of HMO landlords. For example Oxford County Council is celebrating its “groundbreaking new powers” for licensing HMOs. From Monday 30th January every HMO in Oxford City Council’s area must be licensed and “every landlord who owns a property where three or […]


We have blogged on the issues surrounding the release of Deposits following possession proceedings here. Many of you will be interested to note that the TDS have replied to this blog here.

oooooooooooooh more options!

A short blog to highlight to readers that TDS and the Residential Landlords Association have created a fourth tenancy deposit scheme with price structures that are targeted at private landlords. The scheme is called Deposit Guard and the scheme will not charge an annual subscription fee or joining fee. For more information click here.

All very frustrating, but what are the options?!

Painsmith has recently encountered the Kafkaesque world of the tenancy deposit protection schemes, specifically the DPS and its new rules relating to the release of the deposit following a court hearing. DPS is currently refusing to release deposits where the courts have not specifically ordered it and they have changed their rules to reflect the […]


Painsmith draws your attention to this news item published by Bristol City Council which has prosecuted some of its landlords for serious breaches of the Housing Act 2004. The landlords of one Bristol property have been fined more than £30,000 and ordered to pay over £5,000 in costs after being found guilty of serious breaches […]


This not really a heading that one would expect on a Landlord and Tenant blog but with the country up in arms in many cases about the sentencing of the rioters and the recent Court of Appeal decisions we thought it prudent to mention the case of Premier Places. Brandon Weston and David Christopher Williams […]

Yes, they’re back…

in court arguing over a deposit again! Suurpere entered into an assured shorthold tenancy agreement with the landlords Nice and Anor for a period of 6 months on the 9th January 2009. For a number of reasons the relationship between the parties began to deteriorate and the landlords served a Section 21 and issued possession […]

Back Again….

Some of you will note that we have blogged on the Localism Bill previously and the expected changes to the Housing Act 2004 specifically the sections on the registration of deposit. The amendments were not supported by the Commons and it was assumed that alternatives would be proposed. However, no such alternatives have been proposed […]

Gladehurst Properties Limited v Hashemi

Call me lazy but here’s the summary of the case. The Court of Appeal in their judgement held that the case of Tiensia did not assist the landlord in this case because the landlord had never complied with the initial requirements or provided the prescribed information and given that the lease had now ceased they […]

Hashemi – a summary

Gladehurst granted Mr Hashemi and Mr Johnson (the tenants) an assured shorthold tenancy of a flat for a fixed term of one year from September 2007. The monthly rent was £2,080. A deposit of £6,240 was paid to Gladehurst. The terms of the agreement provided that the deposit was to be held by Gladehurst. The […]

Hashemi v Gladehurst

We believe the decision will be handed down on Thursday.

Potts –v- Densley & Pays

The High Court has handed down its decision in the case of Potts v Densley today. Previous blogs can be viewed here. We acted on behalf of the Claimant who in this instance was the Tenant with James Browne of counsel. Facts The landlord first let the property for a term of one year commencing […]


We have heard on the grapevine that the Potts decision will be handed down tomorrow…..All those that would like to read the history please read here.