22 Brookside Crescent, Cuffley, EN6 4QN: CAM/26UE/HTC/2022/0005 CAM/26UE/HTC/2022/0005

FIRST-TIER TRIBUNAL
PROPERTY CHAMBER (RESIDENTIAL PROPERTY)
Case No CAM/26UE/HTC/2022/0005
Between
Mr Rasheed Zahir Mohammed ImranApplicantBanc Property Group For recovery of all or part of aRespondent
Before
Judge WayteDate 16 January 2023Property: 4QN
© CROWN COPYRIGHTFIRST-TIER TRIBUNALPROPERTY CHAMBER (RESIDENTIAL PROPERTY)Case referenceHMCTS CodeCAM/26UE/HTC/2022/0005P:PAPERREMOTEProperty:22 Brookside Crescent, Cuffley, EN6 4QNApplicant:Mr Rasheed Zahir Mohammed ImranRespondent:Banc Property GroupType of application:For recovery of all or part of a prohibited payment or holding deposit: Tenant Fees Act 2019Tribunal:Judge WayteDate :16January 2023DECISIONCovid-19 pandemic: description of hearing This has been a remote hearing on the papers which has been consented toby the parties. The form of remote hearing was P:PAPERREMOTE. A face-to-face hearing was not held because all issues could be determined on paper. In accordance with the directions, I have considered the application and supporting documentsandthe respondent’s reply and supporting documents.The tribunal’s decisionis that the Banc Property Group are ordered topay the applicant £400by 31January 2022. 2Theapplication and determination1.On 10 October2022the applicant applied to the tribunal for the return of a holding deposit of £400paid to the Banc Property Groupon 14September 2022.2.The tribunal gave directions on 5 December2022providing for the matter to be determined on the papers unless either party made a request for a hearing by 9 January2023or the tribunal, having reviewed the papers, considered that a hearing was required. No request was made,and I did not consider a hearing was necessary to determine the issue fairly and justly. The law3.Paragraph 3 of Schedule 1 to the Tenants Fees Act 2019 (“the 2019 Act”) states that a payment of a holding deposit is a permitted payment, provided that it is for a maximum of one week’s rent and the agent has not already been paid a holding deposit for the same property.4.The detailed provisionsin respect of the treatment of holding deposits are set out in Schedule 2.The starting point is that the holding deposit must be repaid if:
“the landlord and the tenant fail to enter into a tenancy agreement relating to the housing before the deadline for agreement”(paragraph 3(c)). 5.This starting point is subject to a number of exceptions, including paragraph 10 which states: “Subject to paragraph 13, paragraph 3(c) does not apply if the tenant notifies the landlord or letting agent before the deadline for the agreement that the tenant has decided not to enter into a tenancy agreement”
. The relevant part of paragraph 13(b) states that paragraph 10 will not apply “if, before the deadline for the agreement, the landlord or letting agent instructed by the landlord in relation to the proposed tenancy behaves towards the tenant, or a person who is a relevant person in relation to the tenant, in such a way that it would be unreasonable to expect the tenant to enter into a tenancy agreement with the landlord.”6.Under paragraph 5,if the person who received the holding deposit believes that any of the exceptions apply, they must give notice in writing to the person who paid the deposit within 7 days beginning withthe deadline for agreement. The deadline for agreement is the fifteenth day beginning with the date the holding deposit was received by the letting agent, unless an alternative date is agreed in writing.7.Where a holding deposit has not been repaid, the relevant person may make an application to the First-tier Tribunalforrecovery of the money. Section 15(9) states that on an application the Tribunal may order the landlord or letting agent to pay all or any part of the amount to the relevant person within the period specified in the order.