New TDS Case Verdict

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    New TDS Case Verdict

    Heres a new case (I dont think its on here?). Its considers the 'rent in advance' argument rather than taking a depositl

    http://nearlylegal.co.uk/blog/2009/0...eposit-honest/

    Wonder if this has any impact on the RLA take two months rent rather than a deposit suggestion?

    http://www.rla.org.uk/landlord/tenan...rnatives.shtml

    #2
    Originally posted by Planner View Post
    Heres a new case (I dont think its on here?). Its considers the 'rent in advance' argument rather than taking a depositl

    http://nearlylegal.co.uk/blog/2009/0...eposit-honest/

    Wonder if this has any impact on the RLA take two months rent rather than a deposit suggestion?

    http://www.rla.org.uk/landlord/tenan...rnatives.shtml

    At the risk of sounding like I'm gloating, I've been making the "rent in advance is a deposit" point for bl**dy ages.

    Still, notwithstanding that these cases are not binding authority, given the recent "agent personal liability/remedial compliance" case (Leeds CC), I now only need to have my arguments on "pre-07 tenancies renewed post-07" supported and I'll have the TDP full house.
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    Comment


      #3
      Have full copy of judgment that was handed down on this case on PDF if anyone wants to PM me i'll forward it on.
      Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

      Comment


        #4
        Originally posted by Borat View Post
        Have full copy of judgment that was handed down on this case on PDF if anyone wants to PM me i'll forward it on.
        You're alright, thanks. I'm still enjoyng 'War and Peace'.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by Planner View Post
          Wonder if this has any impact on the RLA take two months rent rather than a deposit suggestion?
          Difficult to say. If understand the scheme it is this:

          On the first day of the tenancy rent is payable for (a) the first month and (b)the second month. On the first day of the second month rent is payable for the third month and so on. It is established law that money paid before rent day is not rent, but a sum to be held to be applied as rent when rent day arrives. Here though we seem to have a novelty - rent payable on a date before the beginning of a period to which it relates. Not sure what a lord of appeal in ordinary would make of that.

          If such a payment is a deposit then the landlord is in trouble - each payment would have to be protected! Query: would the tenant be entitled to compensation for each failure to protect?

          Comment


            #6
            Rent is due when the Agreement says that it is- irrespecrtive of the period to which it is ascribed.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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