header-logo header-logo

16 January 2015
Issue: 7636 / Categories: Case law , Law digest , In Court
printer mail-detail

Landlord & tenant

Charalambous and another v NG and another [2014] EWCA Civ 1604, [2014] All ER (D) 175 (Dec)

The tenants had paid a deposit for a property under the terms of their tenancy agreement. Subsequently, the statutory tenancy deposit scheme was introduced, but the deposit was never placed in such a scheme. The landlady purported to serve notice to quit under s 21 of the Housing Act 1988 and the tenants challenged the validity of that notice because of the failure to comply with the statutory deposit scheme. The Court of Appeal, Civil Division, held that s 215 of the Housing Act 2004, as amended by the Localism Act 2004 and enacting Order, had not been retrospective in their operation and, since the tenants’ deposit had never been kept in an authorised scheme, the possession notice had been invalid.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll