Vision Enterprises Ltd (t/a Universal Estates) v Tiensia Honeysuckle Properties v Fletcher and others [2010] EWCA Civ 1224, [2010] All ER (D) 115 (Nov)
Court of Appeal, Civil Division Thorpe, Sedley and Rimer LJJ
11 Nov 2010
The time by which a landlord has to have performed its obligations under ss 213 of the Housing Act 2004 (HA 2004) before it is liable to sanctions under s 214 is the date of the hearing of any application by the tenant under s 214.
James Bowen (instructed by Wandsworth and Merton Law Centre) for the claimant in the first matter. Matthew Hutchings (instructed by Brian McKenna & Co) for the defendant in the second matter. Jonathan Manning (instructed by Bury & Walkers LLP) for the claimant in the second matter. The defendants in the second matter appeared in person.
Two unrelated appeals were heard together as they raised a common issue concerning tenancy deposit schemes established under HA 2004. Section 213 imposed various obligations upon a landlord who received a tenancy deposit, including: (i) to comply with the “initial requirements” of an authorised scheme in relation
