It's submitted that this narrow interpretation must extend to its interaction with TFA. The latter, read purposively, aims to prevent excessive penalties (eg Sch1 Para4 late rent fees). DFRA is just such a penalty - TFA should be taken to include it.

Definitely a trickier point to deal with though.

It's relevant that DFRA seems to be interpreted narrowly, due to its penal nature - Oliver Ashworth and (per commentary) Laity v Pearce (1946).

It's relevant that TFA would not be wholly overturning DFRA, just restricting its application. DFRA would still apply in commercial contexts, and some residential ones. The statutes can sit side-by-side: the stricter implied repeal rules would not be applicable here.

The statutory/contract point is tougher to handle.

I'd like to rely on s1(6), which says TFA prohibits payments required for act/default, and not included in the tenancy agreement. Unlike other clauses, there's nothing here limiting it to contractual payments - why not statutory penalties?

Additionally, the TFA explicitly considers situations outside the timeframe of the tenancy (e.g. holding deposit, s28 interpretations), so the tenancy need not be extant for TFA to kick in.

I don't think 'in connection with' implies a temporal restraint, only a logical one.

But certainly arguable.

I think it's likely to be 'in connection with' the tenancy - the DFRA fee can only arise from a tenancy relationship, and is calculated by provisions in the tenancy itself.

The reverse conclusion - that the DFRA fee is not connected to the tenancy - seems strained.

s28 TFA (interpretation) is explicit, including people who have “ceased to be LLs/tenants under a tenancy”. I think that far it’s covered - though the ‘in connection with’ point could be argued more narrowly.

I guess s48 would only be relevant for service, though tenants would likely be defendants.

My latest article for Legal Action Group - a guide to how to counter "draconian" double rent provisions faced by tenants who've given notice - was published last week. It was a lot of fun to research - It is not often that you get to deal with statutes from 1737!

www.lag.org.uk/article/2172...

In case you missed it: The reality behind “last minute” legal challenges to removal | Sonia Lenegan

Returning to this app to discover that @barristersecret.bsky.social knows of my existence!

I am delighted to begin my pupillage with @42br.com this week - I'm just so excited to get started at such a welcoming set. I'm looking forward to an intense, challenging and rewarding year - I can't wait to see what's in store!

It would be worth reading Shani v Ozekhome for the artistic quality of the red hat alone, but the multi-car pile up of legal catastrophe is hilarious to read. A real page-turner!

www.bailii.org/uk/cases/UKF...

An excellent appetizer, before I start pupillage in a couple of weeks!

(The judgment can be found here: assets.publishing.service.gov.uk/media/68a42b... )

We were successful at Tribunal over the summer, obtaining an order that the landlord repay over £24,000 in rent.

I was happy to see that this case has been reported by LandlordZone, who described the award as "whopping". The article can be found here: www.landlordzone.co.uk/news/landlor...

I recently represented some acquaintances in a Rent Repayment Order, where the landlord had failed to obtain an HMO license. The property was not fire-safe, and contained electrical hazards which led to one tenant being electrocuted by a bathroom light switch.

The Supreme Court has handed down its Dartmoor wild camping decision in the case of Darwall and another v Dartmoor National Park Authority.

I am also very happy to have a new copy of Megarry and Wade's practitioner text. My previous one was - in my dog's professional opinion - more edible than readable. It was difficult to read about easements through teeth marks - but now, at long last, she can be forgiven.

My entry was "refreshing" and "unconventional" (which I think is complimentary...) - I'm very excited that it will be published in a forthcoming issue of the Estates Gazette.

Very proud to win first prize in the Property Bar Association's Essay Competition: "100 years on from the passing of the Law of Property Act 1925, is the Act’s approach to formalities fit for the modern era?"

The Spectator on @gardencourtlaw.bsky.social:
'…lawyers of undoubted intellect and skill…’
‘…idealists, gifted advocates and politically passionate…’
‘…radically effective…’
‘…no doubting the skill or zeal…’
‘…Garden Court racks up victories…’
www.spectator.co.uk/article/the-...

I don't know if there is a case to be brought before the European Court of Human Rights - but we have already asked the question of a KC. And, yes, if there is a decent case for a trans person to bring, we will help them bring it.

📣London Borough of Hounslow concede breach of disabled child’s right to education during 19 month search for school place📣

Garden Court Chambers #EducationLaw Team members Gráinne Mellon, leading Alex Temple, represented the client.

Read on here 🔽
gardencourtchambers.co.uk/london-borou...

Is Kilmar Abrego Garcia alive? Because the amount of resistance to addressing his being trafficked gives the distinct impression that either he is dead or what they have done to him is so unspeakable that they cannot afford for him to be freed, seen, or spoken with.