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Advance payment of rent or a tenancy deposit - new case
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tbs624
Posts: 10,816 Forumite
For those who like to post on here with suggestions on how they think they might avoid the tenancy deposit regs
Piggott v Slaven, Great Grimsby County Court 23 February 2009.
3x deposit payment ordered plus repayment or immediate registering of deposit
See here for further info.
Piggott v Slaven, Great Grimsby County Court 23 February 2009.
3x deposit payment ordered plus repayment or immediate registering of deposit
See here for further info.
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Comments
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Interesting.
Thansk for posting. Wonder how this relates to the RLAs 'take two months rent in advance suggestion'?!!! There members are going to be livid if they are stung over this!
http://www.rla.org.uk/landlord/tenancy_deposits/tds-Alternatives.shtml0 -
I see you've posted the case up on LLzone
The RLA do of course attempt to cover themselves by saying:"Charge two months rent in advance – the RLA has received advice that this should be effective so long as your tenancy agreement is properly drawn up to make this clear." (my underlining)Advance "rent payment" of course leaves the LL with nothing to cover damage to the property or its contents, with their only recourse then being the small claims court if they can track down the T or enforce any judgement in their favour. Doesn't look good at court though, does it - "well I didn't take a deposit,see, because of all these bits of law about deposit registration...."
I am amazed by the stubbornness of some LLs - scheme registering a tenant's really is not an onerous requirement and if the LL has a good inventory in place they have nothing to worry about. It must simply be that there are still LLs who see themselves as being above the law and/or that they prefer to let property "under the radar" and they probably aren't declaring their rental income, otherwise why would they want to run the risk of getting slapped with a 3x deposit penalty order plus repayment of the deposit in full? Nothing "moneysaving" there.;)0 -
Thanks TBS.
I always thought that this was a waste of time an unlikely to work. I also can not think of any reason not to use the DPS. I strongly believe that the threat of losing a deposit has an impact on generally good Ts' behavour and makes them treat the house with a little more respect! Of course, this is merely a belief.0
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