Podcast Location:
Download it here [file size: 18.8 MB]
Categories:
Residential Property
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast is aimed at residential property law practitioners and explains the background of the tenancy deposit regime.

It discusses the relevance of the distinction between a tenancy deposit and rent paid in advance and how this issue came before the Court of Appeal in Johnson v Old [2013] EWCA Civ 415.

It also outlines the practical considerations which should be taken into account following Johnson v Old when drafting tenancy agreements.

Outcomes:
After completing the course you will:
  • Be aware of the background to the statutory tenancy deposit regime;
  • Understand the requirements of the statutory tenancy deposit regime;
  • Understand how the definition of what constitutes a deposit came to be before the Court of Appeal in Johnson v Old and how the court approached the question;
  • Appreciate the implications of Johnson v Old for landlord and tenant law and the lessons to be learnt from the case.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Gladehurst Properties Ltd v. Hashemi [2011] EWCA Civ 604;
  • Johnson v Old [2013] EWCA Civ 415;
  • Vision Enterprises Ltd v. Tiensia [2010] EWCA Civ 1224;
  • Housing Act 2004;
  • Localism Act 2011.
Tags:

This CPDcast with Mathew McDermott from 5 Pump Court Chambers discusses the issues surrounding tenancy deposits including the implications of the Court of Appeal case of Johnson v Old in which a distinction was drawn between a tenancy deposit and rent which is paid in advance.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 1st July 2013

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