Shaikh & Ors v Semhi & Ors [2025] EWCC 51 (17 January 2025)
Two separate breaches occurred: failure to secure the deposit at the outset of the fixed term tenancy and failure to comply again upon commencement of the statutory periodic tenancy. Each breach attracts a separate penalty under section 214(4) of the Housing Act 2004.
- Citation
- [2025] EWCC 51
- Parties
- Claimant: Shaikh & Others; Defendant: Sehmi & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 17 January 2025
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed; Deputy District Judge's order substituted.
- Legal Topics
- Tenancy Deposit Protection, Statutory Periodic Tenancy, Penalties for Breach, Section 214 Housing Act 2004
Case Brief
Summary, issues, holding and outcome
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Parties
Shaikh & Others
Claimant
Sehmi & Others
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether multiple penalties are payable for breaches of tenancy deposit requirements under Housing Act 2004 when a statutory periodic tenancy arises
- 2 Whether section 215B of Housing Act 2004 precludes multiple penalties for non-compliance
Ratio Decidendi
Two separate breaches occurred: failure to secure the deposit at the outset of the fixed term tenancy and failure to comply again upon commencement of the statutory periodic tenancy. Each breach attracts a separate penalty under section 214(4) of the Housing Act 2004.
Court Disposition
Appeal allowed; Deputy District Judge's order substituted.
Orders
- Defendant to pay £7,062 (three times the deposit) for breach at outset of fixed term tenancy.
- Defendant to pay £7,062 (three times the deposit) for breach at commencement of statutory periodic tenancy.
Full Case Text
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