Source: All England Reporter
Publisher Citation: [2013] All ER (D) 219 (Apr)
Neutral Citation: [2013] EWCA Civ 415
Court: Court of Appeal, Civil Division

Lady Justice Arden, Lord Justice Jackson and Sir John Chadwick

Representation James Browne (instructed by Access Legal) for the claimants.
  Liz Davies (instructed by Brighton Housing Trust) for the defendant.
Judgment Dates: 23 April 2013


Landlord and tenant - Assured tenancy - Deposit - Defendant making payment at commencement of tenancy pursuant to requirement in tenancy agreement to pay first six months rent in advance - Defendant paying separate sum by way of deposit - Tenancy agreement expiring - Defendant remaining in possession under statutory periodic tenancy - Claimant landlords seeking possession after defendant falling into arrears - Deputy district judge treating payment as 'tenancy deposit' - Tenancy deposit not being properly protected at time claimants serving notice - Deputy district judge finding notice not validly served and dismissing claim - County court judge allowing appeal - Defendant appealing - Whether payment had to be treated as 'tenancy deposit' - .

The Case

Landlord and tenant Assured tenancy. The Court of Appeal, Civil Division, dismissed the defendant tenant's appeal against the decision of a county court judge overturning an earlier decision dismissing the claimant landlords' claim for possession. The court rejected the defendant's contention that a payment made at the commencement of the tenancy, pursuant to a requirement in the tenancy agreement that the first six months rent were to be paid in advance, had to be treated as a 'tenancy deposit' for the purposes of s21(8) of the .

Practice Areas

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