Charalambous & Anor v Maureen Rosairie Ng & Anor [2014]
EWCA Civ 1604
Mr Charalambous and Ms Karali took a tenancy on 20th August 2002 for a fixed term of one year. A tenancy deposit was taken. The tenancy was renewed on 19th August 2003 and 18th August 2004 for a further period of one year. For each renewal the same deposit was required to be paid but no further money actually changed hands. The original deposit was carried over and credited against the renewed tenancy. When the last tenancy expired on 17th August 2005 the tenancy became a statutory periodic tenancy which arose under the Housing Act 1988. In 2012 Mrs Ng served a Section 21 notice requiring possession of the property. The question of this case is whether the Section 21 Notice is valid.
The tenants argued that the notice was invalid as the deposit had not been protected within one of the statutory deposit schemes. The District Judge held that the notice was in fact valid. The tenants appealed to the Court of Appeal who held:
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