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England and Wales decisions
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Service of claim form at section 48 address is not valid after tenancy ends; relief from sanction properly refused due to serious and significant breach, lack of promptness, and absence of good reason; Judge's exercise of discretion was within the ambit of reasonable decisions.
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The Court held that reference to a non-existent clause in an unattached tenancy agreement was an obvious error that a reasonable recipient would understand as referring to the correct clause, thus fulfilling the statutory purpose of Article 2(1)(g)(vi). The absence of a landlord's signature on the certificate was remedied by the signed covering letter, and together they were 'substantially to the same effect' as required by section 213(6) of the Housing Act 2004. The tenant was given the opportunity to check the information, satisfying Article 2(1)(g)(vii). The appeal was dismissed.
Source excerpt
On appeal in a tenancy deposit case, the court held section 213(5) requires updated prescribed information when schemes change, but the landlord substantially complied on contact details.
Macintyre v Cowdray Trust Ltd and Rathbones Trust Company Ltd [2025] EWCC 54 (22 August 2025)
On appeal over tenancy deposit prescribed information, the court held a fresh duty arose when the deposit scheme changed, but the information given was substantially compliant.
Two separate breaches occurred: failure to secure the deposit at the outset of the fixed term tenancy and failure to comply with deposit protection requirements upon commencement of the statutory periodic tenancy. Each breach attracts a separate penalty under section 214(4) of the Housing Act 2004, and deliberate deception by the landlord's agent justifies the maximum penalty for each breach.
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Lowe v Governors of Sutton's Hospital in Charterhouse [2025] EWCA Civ 857 (10 July 2025)
Court of Appeal held that prescribed tenancy-deposit information was sufficiently given despite an incorrect clause reference and an unsigned certificate.
Lumsden v Charles [2025] EWCC 7 (12 March 2025)
County Court appeal on relief from sanction and service of a Part 8 tenancy deposit claim. The appeal was dismissed and the lower court's order affirmed.
Shaikh & Ors v Semhi & Ors [2025] EWCC 51 (17 January 2025)
Appeal allowed in a tenancy deposit case. The court held that separate penalties arose for failures at the start of a fixed term tenancy and again on the statutory periodic tenancy.
Lowe v Governors of Sutton's Hospital In Charterhouse [2024] EWHC 646 (Ch) (21 March 2024)
The High Court dismissed a tenant’s appeal about tenancy deposit prescribed information, holding the landlord’s documents were sufficient despite defects in wording and signature.
Richworth Ltd v Billingham [2023] EW Misc 8 (CC) (14 August 2023)
Appeal allowed in a possession case involving a tenancy deposit returned by cheque. The court held the issue was fact-sensitive and the district judge erred.
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