Tag Archives: Housing Act 2004

Hey Oxford!

As many of our readers will be aware Oxford City Council has now launched it’s scheme to license every HMO within it’s jurisdiction. The primary rationale behind this was the need to deal with poor management of properties within Oxford. In February, shortly after the new scheme was introduced, Oxford prosecuted Oxford Letting and Property […]

Localism bill

As some of you will recall we mentioned some possible changes to the Tenancy Deposit Protection legislation. These TDP changes do not however, appear to have survived the committee stage of the bill. This is not to say that they will not get back in later but it is of some concern that what we […]

Oxford, again….

We have been provided with a copy of a letter that Oxford City Council is distributing to relevant parties in the lettings industry. As regular readers will know, the Labour government amended the planning use classes in April 2010 to limit the C3 use class and created a C4 use class for HMOs’. We reported […]

Meanwhile back at Deposit protection HQ….

While we await the outcome of Potts v Densley & Pays in the High Court, followers of deposit protection litigation might be interested in a case with similar facts to Potts, but a different outcome in the county court. Gemma Shepley v Majid Yassen, Tameside County Court, Thursday 13th January 2011 (Unreported), has been spotted […]

Tenancy Deposit Protection- A Further Binding Decision

On Wednesday 9th February 2011 PainSmith has a case appearing in the High Court which should provide a further binding decision on Tenancy Deposit Protection under the Housing Act 2004. In Potts –v- Densley & Pays there are two issues for the Court to consider: 1. Whether the trial judge had made the wrong decision […]

HHSRS Before the Land Tribunal

Hanley v Tameside Metropolitan Borough Council concerned an appeal from the Residential Property Tribunal (RPT) against the service of a Prohibition Order. Bolton Metropolitan Borough Council v Patel concerned an appeal from the RPT on Emergency Remedial Action. The Housing Health and Safety Rating System (HHSRS) was introduced by the Housing Act 2004 and represents […]

Court of Appeal Rules on Tenancy Deposit Protection

At 0945 this morning, 11 November 2010, the Court of Appeal handed down its judgement in the two conjoined cases of Universal Estates v Tiensia and Honeysuckle Properties v Fletcher. The decision was a majority decision of Lord Justices Rimer and Thorpe, with Lord Justice Sedley dissenting. Facts The facts in the two cases were […]

Universal Estates v Tiensia- The Wait is Over

The judgement in the two conjoined Court of Appeal cases of Universal Estates v Tiensia and Honeysuckle Properties v Fletcher will be handed down on Thursday 11 November 2010 at 0945. As regular readers of this blog will know these cases deal with tenancy deposit protection matters and relate to late protection in the MyDeposits […]

Oxford HMO Licensing- Update

We have received a letter from Oxford City Council. It appears that they are considering the licensing scheme further. New recommendations will be put to the Executive Board and from them to the full Council in meetings on 18 October. It may be that these recommendations will include the withdrawal of the current licensing designation […]

Universal Estates v Tiensia- Where is it?

The two conjoined appeals of Universal Estates v Tiensia and Honeysuckle Properties v Fletcher were heard by the Court of Appeal on 7 May 2010. These are both appeals relating to the tenancy deposit protection provisions introduced by the Housing Act 2004. The judgement has been reserved and we are informed that further questions were […]

Additional and Selective Licensing Consent

The grant of blanket consent to English local housing authorities to operate additional and selective licensing schemes may have actually occurred.

More Key Tenancy Deposit Cases Come to Court

The Court of Appeal hears two key tenancy deposit cases next week

CLG View on Tenancy Deposits After 1 October

The DCLG is giving its view on the issue of deposits in relation to the change of the Housing Act 1988 maximum rent threshold on 1 October.

Selective and Additional Licensing Consent

The Government has published a summary of responses to its consultation on giving a blanket consent to local authorities to operate additional and selective licensing schemes.

New Planning Categories for HMOs

The government has published the statutory instrument to make changes to planning categories to create a separate category for HMOs

High Court decision on TDP

The High Court has handed down the first binding judgement in relation to Tenancy Deposit Protection under the Housing Act 2004.