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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 scheme and protection after Court proceedings for non-protection have already begun.

There is a rumour that the landlords in both cases have won but we do not know this for certain. The precise position is likely to be much more complex than this.

We intend to be at Court for the decision and will be posting the results as soon as possible on the 11th.

One Comment

  • David Howell 9th November 2010 at 10:05 am

    Hello – Ive posted a statement before and am grateful for your previous comments. I am particularly interested in the out come of this case the reasons being as follows:

    I moved into a flat last July owned by a local housing association. I had moved from owning my own property to renting as I was ill with cancer and had been out of work for 18 months. I had 3 months of problems (no fridge (my medication needs storing in a fridge)/ no heating for 2 months and numerous other issues…. as a result I followed a legal claim against the Housing Association but they did not respond. After 6 months I decided to stop paying my rent until they addressed the issue of compensation / I also reported my problems to the Housing Ombudsman. The HO recommended a small amount of compensation and The Housing Assoc served me with S8 notice. On attending Court it transpired that although the HA had registered the bond with ‘My Deposits’ they had not followed theirs/legal process re providing me with the appropriate documents…. I was totally unaware of its existence. The District Judge deferred the case pending the HA proving that they had served me the correct documentation. They could not do this and following my research across another 12 tenants in the same block I discovered they had not followed the process at all. I advised the HA immediately and they subsequently cancelled their claim and credited my rent account with three times the rent and returned my deposit. (The alarming thing here is that these are agents managing the HA properties across the whole of the County and I believe that they have not followed this process for thousands of tenants!) Subsequent to this they then served me with S21 and are insisting I leave the property at the end of this month. Based on the fact that not only have they treated me really badly (still have a chronic cancer) and the fact that they have not followed the law I am keen to share my experience with the thousands of other people they have bullied/mistreated. If this case was to go in favour of the defendants I believe my case would help alot of other individuals.

    I would welcome your comments and once again thank you for sharing up to date legal facts.

    David

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