Tenancy Deposit Protection Law

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  • Tenancy Deposit Protection Law

    I am the LL in a county court claim regarding late compliance with the tenancy deposit protection legislation. I have just been told by the county court that my hearing will be delayed pending the outcome of an Appeal court hearing of Honeysuckle Properties v Fletcher & Ors scheduled for 7 May 2010. I have found the case on the HMCS web page under case number20092163. I can't post the link unfortunately.

    Does anyone know more about this case?
    Any way to find out more about it to see how similar my circumstances are to this case?

  • #2
    Sorry, don't know details of this case. It must be one of the ones referred to in the second last paragraph of this case report - which is also relevant to you as it involves late protection with the DPS and is, I think, the first High Court ruling.

    http://painsmith.wordpress.com/2010/...cision-on-tdp/

    Comment


    • #3
      Thanks Westminster. You are right, the link to the High Court ruling you provided does make me feel better about my case (asuming it isn't reversed on Appeal). I was wondering how I might find out the facts about the Honeysuckle Properties v Fletcher & Ors case. If this has already been ruled on by the High Court, surely the ruling is availble somewhere? Or has it gone direct from County Court to Appeal Court?

      Comment


      • #4
        Originally posted by ftgpmb View Post
        Thanks Westminster. You are right, the link to the High Court ruling you provided does make me feel better about my case (asuming it isn't reversed on Appeal). I was wondering how I might find out the facts about the Honeysuckle Properties v Fletcher & Ors case. If this has already been ruled on by the High Court, surely the ruling is availble somewhere? Or has it gone direct from County Court to Appeal Court?
        My knowledge of the system is extremely elementary, so I've submitted a comment to the PainSmith blog (currently awaiting moderation) asking for further details including the case you mention.

        Comment


        • #5
          Thanks Westminster. I just checked and Painsmith has replied -I still can't post hyperlinks - but doesn't seem to know any more about this case. I suppose I could contact Manchester County Court and request the case documentation?

          Comment


          • #6
            couldn't I?

            Comment


            • #7
              Here's the Painsmith's comment:

              http://painsmith.wordpress.com/2010/...p/#comment-275

              Comment


              • #8
                Originally posted by ftgpmb View Post
                Interesting. It does sound as though Honeysuckle could be this rumoured case.

                Yes, it seems you can request case documents. See CPR 5.4C
                http://www.justice.gov.uk/civil/proc...5.htm#IDAMDI5B

                Plain English explanation in this link, and quoted below:
                http://www.bristows.com/?pid=46&nid=911&level=2

                The Civil Procedure (Amendment) Rules 2006 came into force on 2 October 2006. The new Rule 5.4C allows non-parties to obtain copies of any statements of case on the court file (or judgments or orders given or made in public) without the court's permission. Statements of case include, in addition to the claim form, particulars of claim, defence (and any additional claims brought by the defendant), reply and replies to requests for further information. The new rule does however exclude access to any documents filed with, attached to, or intended to be filed or served with such statements of case unless the court gives permission. For example, a copy of a contract that a claimant alleges has been breached might be attached to the particulars of claim but would not automatically be available to the public under this rule.

                A party or any person identified in a statement of case can restrict access to such documents by applying to restrict the persons or classes of persons who may obtain a copy of a statement of case or order that only a redacted version be obtained. Unfortunately neither the new rule nor its practice direction provide guidance on what factors a court will take into consideration when deciding whether to grant such an order. It appears that the courts will have a wide discretion and they are likely to take into account factors such as the confidential nature of the documents and the damage that might be done to a party if they were made available to the public. A non-party may still apply to the court to obtain a statement of case subject to such a restriction.
                Post again if you find out anything. I'd keep an eye on the PainSmith blog too; someone else may know about the Honeysuckle case and leave a comment.

                Comment


                • #9
                  Still nobody seems to know what the particulars of the Honeysuckle case are. See:
                  http://blog.painsmith.co.uk/2010/04/...come-to-court/
                  We'll find out on Friday!

                  Comment


                  • #10
                    Honeysuckle

                    Have details been released regarding the Appeal? I am in Court in a few weeks time and am desperate to get a copy of the two appeals heard at the beginning of May.

                    All info gratefully received.

                    Comment


                    • #11
                      Nothing announced yet AFAIK. Keep an eye on the PainSmith blog (links in previous posts) as they will definitely post about it very soon after the rulings are known.

                      If they are still not announced by the time of your hearing, it's possible the hearing will be adjourned if the rulings are likely to affect your case.

                      Comment


                      • #12
                        Something may have happened. I just received a Notice of Directions Hearing today to be heard in county cout 1st week in July. Since my hearing was vacated and the case stayed pending oucoming of the Honeysuckle Properties V Fletcher and Ors case I am asuming something has changed.

                        I telephoned the court and they said they could see nothing on their computer system to indicate anything ref the court of appeals judgement but that "sometimes the judiciary know more"!

                        Case tracker still shows Reserved Judgement handed down 7th May.

                        Surely this is a bit unfair. don't I have a right to know the court decision before I show up for a direction hearing which could decide my fate?

                        ps. come on England!!

                        Comment


                        • #13
                          Mine didnt get adjourned -> Case dismissed

                          Claim dismissed
                          No award for costs given

                          "consent order" for return of deposit from DPS suspense acct where it has sat for 9 months pending a court order for its return. DPS didnt 'protect' deposit - no free ADR.

                          Can I appeal if/when the decisions of these 2 cases are seen? Or does my 21 days to lodge an appeal start now?

                          Comment


                          • #14
                            Originally posted by Blackcatgirl View Post
                            Claim dismissed
                            No award for costs given

                            "consent order" for return of deposit from DPS suspense acct where it has sat for 9 months pending a court order for its return. DPS didnt 'protect' deposit - no free ADR.

                            Can I appeal if/when the decisions of these 2 cases are seen? Or does my 21 days to lodge an appeal start now?
                            Is there not another thread concerning this?

                            Comment


                            • #15
                              21 days to appeal

                              Sorry dominic - this was specifically asking about the 21 days to appeal. Or does that not matter if the decision for these two cases are published after the 21 days are "up"... is there another deadline?
                              Grasping at straws and advice

                              Comment

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