Potts v Densley & Anor [2011] EWHC 1144 (QB) (06 May 2011)

Potts v Densley & Anor [2011] EWHC 1144 (QB) (06 May 2011)

A landlord may comply with tenancy deposit protection requirements at any time up to the hearing of a section 214 application, even after the tenancy has ended; if compliance is achieved before the hearing, no sanction can be imposed under section 214(4). A claim for sanction based on failure to provide prescribed information must be clearly pleaded; failure to do so precludes relief on that ground.

Citation
[2011] EWHC 1144
Parties
Claimant/appellant: Karen Julie Potts; Defendant/respondent: Robert Densley; Defendant/respondent: Shirley Elizabeth Pays
Jurisdiction
England and Wales
Judgment Date
06 May 2011
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Tenancy Deposit Schemes, Assured Shorthold Tenancy, Statutory Interpretation, Sanctions for Non Compliance, Prescribed Information, Appeal Procedure
Landlord and Tenant Civil Procedure Tenancy Deposit Schemes Assured Shorthold Tenancy Statutory Interpretation Sanctions for Non Compliance Prescribed Information Appeal Procedure

Case Brief

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Parties

Karen Julie Potts

Claimant/appellant

Robert Densley

Defendant/respondent

Shirley Elizabeth Pays

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether late compliance with tenancy deposit protection requirements under the Housing Act 2004 after the end of the tenancy but before the hearing provides a complete defence to a claim for sanction under section 214(4)
  2. 2 Whether failure to plead non-provision of prescribed information precludes a claim for sanction under section 214(4)
  3. 3 Whether the judge had discretion to refuse to impose the statutory sanction once breach was found

Ratio Decidendi

A landlord may comply with tenancy deposit protection requirements at any time up to the hearing of a section 214 application, even after the tenancy has ended; if compliance is achieved before the hearing, no sanction can be imposed under section 214(4). A claim for sanction based on failure to provide prescribed information must be clearly pleaded; failure to do so precludes relief on that ground.

Court Disposition

Appeal dismissed

Orders

  • No order for sanction under section 214(4) as deposit was protected before hearing
  • No order for sanction for prescribed information as claim not properly pleaded