![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
English and Welsh Courts - Miscellaneous |
||||||||||
|
THE FUTURE OF BAILII DEPENDS ON USERS LIKE YOU
If you want to be able to use BAILII in the future, please consider making a donation to celebrate BAILII's 25 years of providing free access to law.
Your donation, no matter the size, will help BAILII maintain the legal databases that you and many other users rely on. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
| ||||||||||
|
You are here: BAILII >> Databases >> English and Welsh Courts - Miscellaneous >> Macintyre v Cowdray Trust Ltd and Rathbones Trust Company Ltd [2025] EWCC 54 (22 August 2025) URL: https://www.bailii.org/ew/cases/Misc/2025/CC54.html Cite as: [2025] EWCC 54 |
||||||||||
[New search] [Printable PDF version] [Help]
ON APPEAL FROM THE COUNTY COURT AT PORTSMOUTH
DISTRICT JUDGE PAIN
B e f o r e :
____________________
| Ms Ameera Macintyre |
Appellant |
|
| - and - |
||
| Cowdray Trust Limited and Rathbones Trust Company Limited |
Respondent |
____________________
Katherine Traynor (instructed by Moore Barlow LLP) for the Respondent
Hearing date: 2 July 2025
____________________
Crown Copyright ©
His Honour Judge Glen:
Introduction.
Background.
"47. I note the use of the term "Any email address" in subparagraph four of the order. I do not however consider that this means the provision of any email address that has at some point been used by the tenant will be sufficient, but I am equally satisfied it does not require the claimant to provide the email address provided or preferred by the defendant. The question is whether in light of the purpose identified in subparagraph four, the email address for the tenant supplied was an email address that in light of the information available to the claimant at the point of compliance was one that would enable the tenant to be contacted at the end of the tenancy…"
48. Equally, I do not consider that it can be considered that use of the first email address was substantially to the same effect as the second email address. I do not consider that that alternative construction put on matters by the claimant is sufficient to say that when you use one email address, which does not meet the test, it can be substantially to the same effect as an alternative email address. At the point the form was completed the claimant could not reasonable [sic] have considered, in my assessment, that the first email address was an email address for the defendant on which she could be reached at the end of her tenancy…"
Law.
"(1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme.
…
(3) Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 30 days beginning with the date on which it is received.
(4) For the purposes of this section "the initial requirements" of an authorised scheme are such requirements imposed by the scheme as fall to be complied with by a landlord on receiving such a tenancy deposit.
(5) A landlord who has received such a tenancy deposit must give the tenant and any relevant person such information relating to–
(a) the authorised scheme applying to the deposit,
(b) compliance by the landlord with the initial requirements of the scheme in relation to the deposit, and
(c) the operation of provisions of this Chapter in relation to the deposit,
as may be prescribed.
(6) The information required by subsection (5) must be given to the tenant and any relevant person–
(a) in the prescribed form or in a form substantially to the same effect, and
(b) within the period of 30 days beginning with the date on which the deposit is received by the landlord."
"(1) Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy deposit has been paid in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy at a time when the deposit is not being held in accordance with an authorised scheme.
(1A) Subject to subsection (2A), if a tenancy deposit has been paid in connection with a shorthold tenancy on or after 6 April 2007, no section 21 notice may be given in relation to the tenancy at a time when section 213(3) has not been complied with in relation to the deposit.
(2) Subject to subsection (2A), if section 213(6) is not complied with in relation to a deposit given in connection with a shorthold tenancy, no section 21 notice may be given in relation to the tenancy until such time as section 213(6)(a) is complied with."
"(1) The following is prescribed information for the purposes of section 213(5) of the Housing Act 2004 ("the Act")—
(a) the name, address, telephone number, e-mail address and any fax number of the scheme administrator of the authorised tenancy deposit scheme applying to the deposit;
…
(g) the following information in connection with the tenancy in respect of which the deposit has been paid—
(i) the amount of the deposit paid;
(ii) the address of the property to which the tenancy relates;
(iii) the name, address, telephone number, and any e-mail address or fax number of the landlord;
(iv) the name, address, telephone number, and any e-mail address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy;"
Submissions.
Conclusions.
Appeal
Cross Appeal
"In this context Judge, we should look at the information as a whole in roman form [sic], if you look at the information as a whole, so it's the name, address, telephone number and any email address, in fact and we should look at that information having regard to the purpose for which it's provided which is the data should be used by the landlord or scheme administrator for contacting the tenant at the end of the tenancy. Now, by providing the name of the tenant, the first email address and mobile number and then the correct address or postal address, conveying that information means that the substance of the information that was required to be conveyed has been conveyed."
"Judges who have to determine the extent of a landlord's compliance with these provisions will always need to consider whether the prescribed information has been supplied to the tenant, in addition to the question of protection of the deposit. The list of particulars to be provided is detailed and specific. The requirement for landlords to provide such detailed information, together with the sanction for non-compliance, demonstrate the importance attached to the giving of particulars, certified as accurate by the landlord, which will enable tenants to understand how the scheme works and how they may seek the return of their deposit."
"The approach that we must take is clearly laid down by this court in Ravenseft Properties Limited v Hall to which Etherton L.J. has referred. We must compare the form or information prescribed on the one hand and the information in fact supplied on the other. We must then ask, in the light of the purpose of the notice or the provision of information, whether the substance of the information has been supplied bearing in mind that that is a matter of fact and degree."
HHJ Glen.