Gladehurst Properties Ltd v Hashemi & Anor

The right to apply for the statutory penalty under s.214(4) of the Housing Act 2004 ceases once the tenancy has ended and the deposit is no longer capable of being protected under an authorised scheme; the court cannot make such orders after the tenancy has expired.

Parties: Appellant: Gladehurst Properties Limited; Respondent: Farid Hashemi; Respondent: Matthew Johnson
Jurisdiction: England and Wales
Judgment Date: 19 May 2011
Procedural Posture: Civil Appeal / Appeal From County Court to Court of Appeal
Outcome: Appeal allowed
Legal Topics: Tenancy Deposit Schemes, Statutory Interpretation, Remedies for Breach of Statutory Duty

Landlord and Tenant Law Civil Procedure Tenancy Deposit Schemes Statutory Interpretation Remedies for Breach of Statutory Duty

Case Brief

Summary, issues, holding and outcome

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Parties

Gladehurst Properties Limited

Appellant

Farid Hashemi

Respondent

Matthew Johnson

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

1 Whether a tenant can claim the statutory penalty under s.214(4) of the Housing Act 2004 after the tenancy has ended and the deposit has been returned or partly returned
2 Whether the court has jurisdiction to make orders under s.214(3) and (4) after the tenancy has expired
3 Whether the amount of the penalty under s.214(4) is affected by partial return of the deposit

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Set aside the orders for repayment of the deposit and for payment of the statutory penalty (£18,720) to the tenants.