RUSSEL-SMITH & Ors v IJEOMA UCHEGBU [2016] ScotSC 64 (03 October 2016)

RUSSEL-SMITH & Ors v IJEOMA UCHEGBU [2016] ScotSC 64 (03 October 2016)

The appropriate sanction is calculated by apportioning the deposit for the period it was unprotected, with an additional sum to reflect aggravating and mitigating factors. The full deposit is the multiplicand, regardless of the number of applicants. The breach was aggravated by repeated official reminders but mitigated by early admission, return of deposit, and lack of actual prejudice.

Citation
[2016] ScotSC 64
Parties
Pursuer: Phoebe Russel-Smith; Pursuer: Stephanie Dion-Jones; Pursuer: Alexis Herskowit; Defender: Ijeoma Uchegbu
Jurisdiction
Scotland
Judgment Date
03 October 2016
Procedural Posture
Summary Application (sanction for Breach of Tenancy Deposit Regulations) / Judgment After Submissions on Quantum
Outcome
Sanction awarded to pursuers; defender ordered to pay financial penalty and expenses.
Legal Topics
Tenancy Deposit Protection, Statutory Breach, Quantum of Sanction, Joint Tenancy Liability
Housing Law Landlord and Tenant Law Tenancy Deposit Protection Statutory Breach Quantum of Sanction Joint Tenancy Liability

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Parties

Phoebe Russel-Smith

Pursuer

Stephanie Dion-Jones

Pursuer

Alexis Herskowit

Pursuer

Ijeoma Uchegbu

Defender

Procedural Posture

Summary Application (sanction for Breach of Tenancy Deposit Regulations) / Judgment After Submissions on Quantum

Legal Issues

  1. 1 What is the appropriate level of financial sanction for a landlord's admitted breach of the Tenancy Deposit Schemes (Scotland) Regulations 2011?
  2. 2 Does the absence of one joint tenant from the application affect the quantum of sanction?

Ratio Decidendi

The appropriate sanction is calculated by apportioning the deposit for the period it was unprotected, with an additional sum to reflect aggravating and mitigating factors. The full deposit is the multiplicand, regardless of the number of applicants. The breach was aggravated by repeated official reminders but mitigated by early admission, return of deposit, and lack of actual prejudice.

Court Disposition

Sanction awarded to pursuers; defender ordered to pay financial penalty and expenses.

Orders

  • Defender to pay pursuers £1853 as sanction for breach of Tenancy Deposit Schemes (Scotland) Regulations 2011.
  • Defender to pay pursuers' expenses restricted to £303.60 for court fees and process server fee.