Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013)

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (14 June 2013)

When a statutory periodic tenancy arises after the commencement of the Housing Act 2004, any deposit held must be treated as received in connection with that new tenancy, triggering the obligation to protect the deposit under section 213. Failure to comply precludes the landlord from serving a valid section 21 notice. The landlord in this case did not protect the deposit and was therefore not entitled to possession.

Citation
[2013] EWCA Civ 669
Parties
Claimant/respondent: Superstrike Ltd; Defendant/appellant: Marino Rodrigues
Jurisdiction
England and Wales
Judgment Date
14 June 2013
Procedural Posture
Appeal (possession Proceedings) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Tenancy Deposits, Assured Shorthold Tenancies, Section 21 Notices, Statutory Periodic Tenancies, Transitional Provisions, Deposit Protection Schemes
Landlord and Tenant Housing Law Civil Procedure Tenancy Deposits Assured Shorthold Tenancies Section 21 Notices Statutory Periodic Tenancies Transitional Provisions +1 more

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Parties

Superstrike Ltd

Claimant/respondent

Marino Rodrigues

Defendant/appellant

Procedural Posture

Appeal (possession Proceedings) / Court of Appeal Judgment

Legal Issues

  1. 1 Does the requirement to protect a tenancy deposit under the Housing Act 2004 apply when a statutory periodic tenancy arises after the commencement of the Act, where the deposit was originally paid under a prior fixed term tenancy?
  2. 2 Was the landlord entitled to serve a section 21 notice when the deposit had not been protected in accordance with an authorised scheme?

Ratio Decidendi

When a statutory periodic tenancy arises after the commencement of the Housing Act 2004, any deposit held must be treated as received in connection with that new tenancy, triggering the obligation to protect the deposit under section 213. Failure to comply precludes the landlord from serving a valid section 21 notice. The landlord in this case did not protect the deposit and was therefore not entitled to possession.

Court Disposition

Appeal allowed

Orders

  • Possession order set aside
  • Landlord not entitled to possession