What does Court of Appeal ruling mean for evictions and tenancy deposits?

David Smith
David Smith

The Court of Appeal decision delivered its decision on the controversial Northwood Solihull vs Cooke/Fearn eviction case, relating to the signing of section 8 notices and tenancy deposit certificates, this week. It followed more than two years of legal dispute.

The key judgment from the Court of Appeal, announced on Wednesday, went in favour of landlords and letting agents, but what does trhe decision mean for section 8 notices, tenancy deposits, and section 21 notices?

David Smith, partner, and Neli Borisova, solicitor, at JMW Solicitors acted for the landlord. They will be presenting a live webinar today at 12pm on the judgment where they will discuss in more detail the various legal principles and practical implications which follow. To register click here.​​​​

About David Smith:

Smith specialises in residential property rights and agency and has experience of a wide range of property litigation. He is particularly well known for his work in:

  • Agent terms of business and other contracts;
  • Tenancy agreements and licences;
  • Consumer protection and rights;
  • Agent regulation including Client Money Protection, data protection and anti-money laundering;
  • Landlord regulation including deposit protection and property licensing;
  • Welsh law;
  • Public affairs and political representation;
  • Mediation representation.

Smith has written or contributed to a number of books and journal articles on these topics and is a speaker and lecturer.

He also has substantial expertise in regulatory matters, particularly as they relate to property issues although he has advised on regulation in other areas as well. He has substantial expertise in advising on Anti-Money Laundering practice and procedure and the boundaries of FCA regulation as it relates to lending secured on property. David also has significant expertise in advising on the GDPR and its application in the UK and Europe. He has provided advice and training on this topic and has written a well-received book.

About Neli Borisova

Borisova specialises in residential property litigation and has advised clients on a variety of matters, including:

  • Landlord and tenant disputes;
  • Tenancy agreements and licences;
  • Landlord regulation;
  • Rent to rent issues;
  • Agent fee recovery disputes;
  • Agent terms of business and other contracts;
  • Professional negligence claims;
  • Lender terms of business and other contracts;
  • Mortgage possession claims.

Borisova advises on a wide range of matters involving a residential property litigation element. She is passionate about offering commercial and practical solutions to her clients through the implementation of appropriate negotiation and Alternative Dispute Resolution strategies.

 

Key legal eviction ruling goes in favour of landlords and letting agents

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One Comment

  1. Bosky

    A good example of poorly drafted legislation creating unnecessary ambiguity resulting in pill popping paracetamol and alopecia.

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