Ayannuga v Swindells

Ayannuga v Swindells

The landlord failed to provide the prescribed information required by paragraphs 2(1)(c)-(f) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, and this omission meant there was not substantial compliance with section 213(5) and (6) of the Housing Act 2004; the statutory obligation is on the landlord to provide this information, regardless of the tenant's knowledge or ability to obtain it elsewhere.

Parties
Appellant: Ayannuga; Respondent: Swindells
Jurisdiction
England and Wales
Judgment Date
06 November 2012
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Tenancy Deposit Schemes, Statutory Compliance, Prescribed Information, Housing Act 2004
Landlord and Tenant Housing Law Tenancy Deposit Schemes Statutory Compliance Prescribed Information Housing Act 2004

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ayannuga

Appellant

Swindells

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the landlord complied with section 213(5) and (6) of the Housing Act 2004 and the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 by providing the prescribed information to the tenant
  2. 2 Whether substantial compliance with the statutory requirements was achieved

Ratio Decidendi

The landlord failed to provide the prescribed information required by paragraphs 2(1)(c)-(f) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, and this omission meant there was not substantial compliance with section 213(5) and (6) of the Housing Act 2004; the statutory obligation is on the landlord to provide this information, regardless of the tenant's knowledge or ability to obtain it elsewhere.

Court Disposition

appeal allowed

Orders

  • Deputy District Judge's order varied to require the respondent to repay the deposit of £950 to the appellant within 14 days pursuant to section 214(3) of the Housing Act 2004
  • Respondent to pay £2,850 (three times the deposit) to the appellant within 14 days pursuant to section 214(4) of the Housing Act 2004