Johnson & Ors v Anne Alexander Old [2013] EWCA Civ 415 (23 April 2013)

Johnson & Ors v Anne Alexander Old [2013] EWCA Civ 415 (23 April 2013)

The payment of six months' rent in advance was not intended to be held as security for the tenant's obligations but was made in discharge of the primary obligation to pay rent as required by the tenancy agreement. Therefore, it was not a 'tenancy deposit' under section 212(8) of the Housing Act 2004, and the requirements for deposit protection did not apply. The section 21 notice was valid.

Citation
[2013] EWCA Civ 415
Parties
Claimants/respondents: Paul Johnson and others; Defendant/appellant: Anne Alexander Old
Jurisdiction
England and Wales
Judgment Date
23 April 2013
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Tenancy Deposit, Assured Shorthold Tenancy, Section 21 Notice, Housing Act 2004, Rent in Advance, Statutory Periodic Tenancy
Landlord and Tenant Housing Law Tenancy Deposit Assured Shorthold Tenancy Section 21 Notice Housing Act 2004 Rent in Advance Statutory Periodic Tenancy

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Parties

Paul Johnson and others

Claimants/respondents

Anne Alexander Old

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether payment of six months' rent in advance constitutes a 'tenancy deposit' under section 212(8) of the Housing Act 2004
  2. 2 Whether failure to protect such payment invalidates a section 21 notice under section 215 of the Housing Act 2004

Ratio Decidendi

The payment of six months' rent in advance was not intended to be held as security for the tenant's obligations but was made in discharge of the primary obligation to pay rent as required by the tenancy agreement. Therefore, it was not a 'tenancy deposit' under section 212(8) of the Housing Act 2004, and the requirements for deposit protection did not apply. The section 21 notice was valid.

Court Disposition

Appeal dismissed

Orders

  • Order for possession stands
  • Appellant to give possession of the flat as previously ordered