Suurpere v Nice & Anor [2011] EWHC 2003 (QB) (27 July 2011)

Suurpere v Nice & Anor [2011] EWHC 2003 (QB) (27 July 2011)

The landlords failed to provide the prescribed information in the required form and did not comply with s.213(6)(a) by the date of the hearing; therefore, the tenant is entitled to a penalty of three times the deposit under s.214(4) Housing Act 2004.

Citation
[2011] EWHC 2003
Parties
Appellant/claimant: Karin Suurpere; Respondent/defendant: Christopher Nice; Respondent/defendant: Patricia Nice
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Appeal / Judgment on Appeal From County Court Decision
Outcome
Appeal allowed
Legal Topics
Tenancy Deposit Protection, Prescribed Information Requirements, Sanctions for Non Compliance, Assured Shorthold Tenancy, Housing Act 2004
Landlord and Tenant Housing Law Tenancy Deposit Protection Prescribed Information Requirements Sanctions for Non Compliance Assured Shorthold Tenancy Housing Act 2004

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Parties

Karin Suurpere

Appellant/claimant

Christopher Nice

Respondent/defendant

Patricia Nice

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court Decision

Legal Issues

  1. 1 Whether the landlords complied with the deposit protection scheme under s.213(6)(a) Housing Act 2004 and Article 2 of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007
  2. 2 Whether the landlords provided the prescribed information to the tenant in the required form
  3. 3 Whether the tenant is entitled to a penalty under s.214(4) Housing Act 2004

Ratio Decidendi

The landlords failed to provide the prescribed information in the required form and did not comply with s.213(6)(a) by the date of the hearing; therefore, the tenant is entitled to a penalty of three times the deposit under s.214(4) Housing Act 2004.

Court Disposition

Appeal allowed

Orders

  • Order below set aside
  • Respondents to pay the appellant £1,500 within 14 days