Tummond, R (on the application of) v Reading County Court & Anor

Tummond, R (on the application of) v Reading County Court & Anor

The claimant's application does not fall within the exceptional circumstances required for judicial review of a refusal of permission to appeal. There was no procedural irregularity or error of law. The landlord complied with statutory requirements within the prescribed period, and the section 21 notice was valid.

Parties
Claimant: The Queen on the application of Tummond; Defendant: Reading County Court; Interested Party: Mariel Jane Pitcher
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Tenancy Deposit Schemes, Section 21 Notices, Sanctions for Non Compliance, Procedural Irregularity, Permission to Appeal
Landlord and Tenant Judicial Review Tenancy Deposit Schemes Section 21 Notices Sanctions for Non Compliance Procedural Irregularity Permission to Appeal

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Parties

The Queen on the application of Tummond

Claimant

Reading County Court

Defendant

Mariel Jane Pitcher

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether judicial review can be entertained for refusal of permission to appeal by County Court
  2. 2 Whether section 21 notice was validly served when deposit was not yet protected
  3. 3 Whether procedural irregularity or error of law occurred in the permission hearing

Ratio Decidendi

The claimant's application does not fall within the exceptional circumstances required for judicial review of a refusal of permission to appeal. There was no procedural irregularity or error of law. The landlord complied with statutory requirements within the prescribed period, and the section 21 notice was valid.

Court Disposition

Application dismissed

Orders

  • The application for judicial review is dismissed.