Johnson & Ors v Anne Alexander Old [2013] EWCA 415

The landlord let a property to Mrs Old on 1st May 2009 and due to referencing problems the rent was paid for the first six months. After two renewals the tenancy then ran statutory periodic.

The tenant fell into rent arrears and the agent served a Section 21 notice on the tenant seeking possession of the property. Upon expiry of the notice court proceedings were commenced. The tenant claimed that on the basis that five out of six months of the rent paid was a deposit which had not been protected therefore making the section 21 notice invalid.

The landlord had made some clumsy amendments to the tenancy agreement and it was uncertain as to whether the rent in advance was a deposit or not.

The court held