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No inventory - no deposit retention clarification please
Comments
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So you mean you presume it :rolleyes:That's why it is a presumption, silly. If there were a citation, we would be simply saying it belongs to the tenant.
But for evidence of the presumption, look at the generic name of the deposit schemes.
generic name of the deposit schemes? Tenancy Deposit Scheme or TDS for short
It doesn't give tenants the automatic right of a refund, unless the LL can prove otherwise - it protects the desposit in a secure area until the LL and tenant can mutually agree what portion should be returned. If the tenant wants it back, the tenant will need to prove why the disputed amount is unfounded.
Again, why I say that the inventory/statement of condition is the interest of the tenant as well as the landlord as it would form the basis of such proof."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
You don't need statute for everything in life Premier, some it is called common sense.
So you are saying the OP has no common sense by posting the question
Pls be nice to all MoneySavers.
There's no such thing as a stupid question, and even if you disagree courtesy helps."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
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What a funny little world you live in, eh?So you mean you presume it :rolleyes:
generic name of the deposit schemes? Tenancy Deposit Scheme or TDS for short
It doesn't give tenants the automatic right of a refund, unless the LL can prove otherwise - it protects the desposit in a secure area until the LL and tenant can mutually agree what portion should be returned. If the tenant wants it back, the tenant will need to prove why the disputed amount is unfounded.
Again, why I say that the inventory/statement of condition is the interest of the tenant as well as the landlord as it would form the basis of such proof.
End of tenancy:
LL says "I am keeping £800"
Tenant says "Why?"
LL says "Why not? I am the Landlord, you must prove I can't take it"
Judge says "You cannot prove a negative. Therefore Tenant can not proved the disputed amount is unfounded. Case dismissed"
But that isn't your funny little world. Your funny little world is coming up with silliness for the sake of an argument.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
No the LL needs to say nothing - the tenant needs to get the deposit back from the LL. If the LL won't hand it over willingly, the tenant needs to make it happen.What a funny little world you live in, eh?
End of tenancy:
LL says "I am keeping £800"
Tenant says "Why?"
LL says "Why not? I am the Landlord, you must prove I can't take it"
Judge says "You cannot prove a negative. Therefore Tenant can not proved the disputed amount is unfounded. Case dismissed"
But that isn't your funny little world. Your funny little world is coming up with silliness for the sake of an argument.
So the tenant makes a claim - and the first part of any claim is to prove there is one. The tenant needs to prove why they should be entitled to the deposit back. Simple really, when you understand it.
Or do you think the LL has to prove why he doesn't owe the tenant any money?
In your words ""You cannot prove a negative....Case dismissed"
Now if only the tenant had an agreed inventory/statement of condition, the whole thing would be so much easier."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
I know you are doing it as a wind up.No the LL needs to say nothing - the tenant needs to get the deposit back from the LL. If the LL won't hand it over willingly, the tenant needs to make it happen.
So the tenant makes a claim - and the first part of any claim is to prove there is one. The tenant needs to prove why they should be entitled to the deposit back. Simple really, when you understand it.
Or do you think the LL has to prove why he doesn't owe the tenant any money?
In your words ""You cannot prove a negative....Case dismissed"
Now if only the tenant had an agreed inventory/statement of condition, the whole thing would be so much easier.
Money belongs to tenant and is forfeit if damage must be paid for
Money is paid back to tenant unless damage must be paid for.
LL must prove damage. Inventory makes it easier for both sides. But LL must prove damage and that tenant is liable.. Tenant may challenge LL's proof or indeed if there is damage, that he is liable.
LL must start by justifying any deduction. Otherwise
LL: I am deducting for damage
Tenant: What damage?
LL: Prove there is no damage.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
I know you are doing it as a wind up.
Money belongs to tenant and is forfeit if damage must be paid for
Money is paid back to tenant unless damage must be paid for.
LL must prove damage. Inventory makes it easier for both sides. But LL must prove damage and that tenant is liable.. Tenant may challenge LL's proof or indeed if there is damage, that he is liable.
LL must start by justifying any deduction. Otherwise
LL: I am deducting for damage
Tenant: What damage?
LL: Prove there is no damage.
Good luck in court
(you'll need it)"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Thanks was in error.Good luck in court
(you'll need it)
I would rather rely on luck than on your insights.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
Oh, not you again :mad:I know you are doing it as a wind up...
You'd know all about wind ups, wouldn't you? Where's your mate today, kissmeimposh?
http://forums.moneysavingexpert.com/showthread.html?t=1002861"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
I thought you were my mate now. I am not complaining at what fate deals me, but I did prefer kissmeimposh.Where's your mate today, kissmeimposh?After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0
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