Source: All England Reporter
Publisher Citation: [2013] All ER (D) 312 (May)
Neutral Citation: [2013] EWCA Civ 579
Court: Court of Appeal, Civil Division

Lloyd, Patten and Black LJJ

Representation Christopher Baker (instructed by Anthony Collins Solicitors LLP) for Optima.
  Nathalie Lieven QC and Sally Blackmore (instructed by Shelter West Midlands Housing Advice Service) for the defendant.
Judgment Dates: 24 May 2013


Landlord and Tenant - Tenancy agreement - Possession - Flexibuy scheme - Claiamnt operating 'Flexibuy' scheme - Defendant renting property with option to buy from claimant housing association (Optima), pursuant to a shorthold tenancy and option agreement - Defendant falling into arrears - Claimant obtaining order for possession - Defendant appealing - Whether defendant entitled to repayment of deposit portion of rent - Whether rent paid under terms of tenancy being contribution to deposit payable on exercise by her of option.

The Case

Landlord and Tenant Tenancy agreement. The issue on appeal was whether 700, paid by the defendant as rent, although reserved as rent as part of the claimant's Flexibuy scheme, was in fact intended to be a composite payment with a substantial deposit element. The Court of Appeal, Civil Division, in dismissing the claimant's appeal, held that there was nothing in the option to buy agreement which gave the tenant a proprietary claim to the deposit incentive.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.