Some Advice Please

[bobzac]

Before I start, I am sure that answers will be spread around the 100's of pages on here, however I would like advice in one easy place to refer too.

Please don't bite ...

Right - a few problems (one my fault) so here we go.

 

1. I moved into my flat on August 22nd. I am yet to receive any information regarding my Deposit being protected. I gave the LL the benefit of the doubt but now nearly 2 months later, there is still no news.

I have emailed all the named deposit schemes who have drawn up a blank page.

 

2. Until last week, I have had workmen in and out of the flat, the upstairs flat was still feeding off my gas metre, and I wouldn't be too surprised if the electricity is too.

I had a leak in the wall cavity where the workmen didn't install the bathroom upstairs property, the kickboards in the kitchen are broken following the gas man coming in and all the pipe cover boards in the kitchen and toilet are missing after the LL's workmen removed them and didn't put them back.

 

3. (this bit is my fault) The bank didn't setup my rent in time, even when I gave them the paperwork a month in advance, so they didn't pay it. I thought they had so I shifted my money around people who I owe it to.

Just spoke to the LL, having told him that I don't actually have it and we need to work out how to pay it to him, he wants it tomorrow.

Without going through the contract (a standard one) he has his own rules of rent can only be one day late - im sure this can't be enforced, more being slightly anal.

 

So some ideas and some help would be nice, thanks

[help me kick his butt]

Could you not say to your LL that you are aware thet your deposit has not been protected and if he were to give you a little more time to sort out your rent issue, then you promise not totake the issue further.

As far as I know you have to be 2 months in arrears before the LL can evict you.

[bobzac]

if the deposit has not been protected, he can't issue a section 21 as it is

[help me kick his butt]

ooops, yes you are right, I had forgotten that

[bobzac]

however, what I am after is some solid information on how to go about claiming.

the information given by the TDS is rubbish and no disrespect, what I have found on here is confusing.

 

I think we need a guide in laymens terms.

[help me kick his butt]

Are you wanting to leave the flat or stay?

[bobzac]

I would prefer to stay, as I hate moving.

But I don't think people can get away with breaking guidelines and legeslation.

I held back from proceeding with action in the last place I was in and got proper screwed over by the estate agents.

[help me kick his butt]

My thoughts are if you try to sue your LL for non compliance of TDS, he is unlikely to want to renew your tenancy when it finishes. Maybe I'm barking up the wrong tree ? .....

Besides, if you send a LBA to your LL, if he protects your deposit before the hearing, it is very unlikely you will get the 3 x fine

[bobzac]

that is a valid point - so basically this new protection law comes in and the tenants were in the position where we cannot benefit from the protection.

 

pointless huh

[help me kick his butt]

I quite agree, I am suing my ex LL for tds non compliance. Im thinking of trying to get him to settle out of court for 2x fine plus costs as I am very uneasy about if the judge will say I am an no longer a tenant.

Damned if you are a tenant as you lose your home, damned if not tenant:(

[callumsgran]

The problem is although you can report your landlord for not protecting your deposit, he's likely to retaliate by giving you notice to quit

Be careful, use it to your advantage!

Tell him if he doesnt give you a little more time to pay, you might have to take HIM to court

[callumsgran]

I quite agree, I am suing my ex LL for tds non compliance. Im thinking of trying to get him to settle out of court for 2x fine plus costs as I am very uneasy about if the judge will say I am an no longer a tenant.

Damned if you are a tenant as you lose your home, damned if not tenant:(

Hey hun, i believe that has only happened the once and it shouldn't have

So dont worry, stick to your guns

[help me kick his butt]

Hey CG, how are you? Thanks for vote of confidence. Deep down I'm quite keen to go to court, as this , for me is not about the money, I just want my horrid ex LL to be taught a lesson. Also, its quite a good test case. x

[help me kick his butt]

Bobzac, just read a case held last week at Bradford County court, judge ruled in favour of the LL as deposit was put in to a scheme, albeit several months late

Edited November 3, 2008 by help me kick his butt

[bobzac]

I have just read through my contract, dated 22/9/08, i got the date wrong lol.

 

with the deposit, he is registered with the Tenancy Deposit Scheme, I emailed them and received a reply on the 22/10 to confirm that there are no deposits made for my address.

[callumsgran]

Bobzac, just read a case held at Bradford County court, judge ruled in favour of the LL as deposit was put in to a scheme, albeit several months late

This is the sort of thing that makes my blood boil, these schemes are set up to protect the tenants and the landlords are getting away scot free!

 

Its not right, we should get a petition up

Not sure who we would send it to though? Prime Minister?

[help me kick his butt]

HA2004 214 states quite clearly the deposit should be protected within 14 days of receiving it, why bother stating that . They might as well state dont worry LL's if you dont want to protect your tenants deposit, just do it after you have been issued with court proceedings!

OOh ark at me on my high horse;)

[bobzac]

if I was that tenant, I would appeal - guidelines clearly state that details must be provided with proof of the deposit being protected within 14 days.

[callumsgran]

if I was that tenant, I would appeal - guidelines clearly state that details must be provided with proof of the deposit being protected within 14 days.

So would i have

It's disgusting that as you say H they're given 14 days then decide to pay it in when they like

How hard is it to pay it straight in?

[help me kick his butt]

I agree, but they are only guidelines, what we need is someone to appeal then the High Court will set president

[callumsgran]

I agree, but they are only guidelines, what we need is someone to appeal then the High Court will set president

Well lets hope it's you HMKHB, we'll be right behind you lol

[help me kick his butt]

would prefer to win my case first time round lol x

[Planner]

It always surprises me that people look at their bank account one day, see £XXX in there that they wernt expecting (an amount that just happens to be identical to their monthly rent) and dont put two and two together. To be frank they must be either very stupid, or more likley, know exactly what they are doing when the subsequently spend it. Of course "the bank messed up" covers a multitude of sins, obviously your landlord is as sceptical as well.

 

On to the rest of the post;

 

- In terms of being evicted, this would be a s.8 notice, not a s.21 so the deposit being protected or not is a mute point.

 

- As stated, the deposit should have been protected within 14 days is the property is in England/WaAles and its an AST.

 

- Chances are, that the landlord is going to ask you to leave anyway aftrer the fixed term is up after the recent 'rent incident' so you mught as well insist that your deposit is protected. Write him a polite but firm letter, statingt that if its not protected on 14 days and detail of the protection supplied to you will begin court proceedings. Thue threat alone will hopefully be enough for its protection.

 

- You need to come to some arrangent with your landlord concerning paying the missed rent.

 

Good luck.