LLs Defying Legislation & Failing To Protect Tenant Deposits

mizzbiz

Just curious as I'm moving out of my temp rental this week, how many hearings have there been thus far relating to non-compliance?

If the person is moving out, surely that is too late to register legally?

SO if I have problems with my landlord re: claiming back the majority of my deposit (there is no damage whatsoever), and I ask which TDS my deposit is in should I want to dispute the amount, surely it's not possible for him to then quickly register it?

poppysarah

Mary_Hartnell wrote: »

Am I being over cynical to think that one of the motivations in getting landlords to register deposits is to identify landlords?

I think it possibly is - and not just for tax reasons.

Lots of tenants put up with all sorts of nonsense from appallingly bad landlords. Putting more rules in to protect them is important.

Gingernutmeg

Surely a big part of the problem is that this whole area is so badly regulated - most 'codes of conduct' for landlords and lettings agents are entirely voluntary, there's no complusion for them to undergo any kind of training, and in general whether a landlord gets 'caught' depends on whether a tenant is in a position to risk their tenancy by complaining. I recently moved after possibly the most miserable year of my life, caused by a bad landlord and an equally bad letting agent. It wasn't really reassuring to find out that in the town I'm relocating to, out of the 40-odd letting agents covering the town, only 4 were ARLA registered ...

MissMoneypenny

tbs624 wrote: »

The LL has to give this prescribed info but it can be in any suitable form provided all the info is there - check out The Housing (Tenancy Deposits) (Prescribed Information) Order 2007 here:
http://www.opsi.gov.uk/si/si2007/uksi_20070797_en_1

"(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;"

Quite a few LAs still think they don't have to give the LLs address unless asked for it, even though it is listed as part of the Prescribed Information.

As you suggested tbs, I wrote to my MP (marginal seat:D) and Housing Minister and Shadow Housing Minister about the problems about the poor wording of the law regarding deposits. I also mentioned how some LLs were not getting permission from their lenders to let and how this caused problems if they were repossed. I directed the MPs to many threads where other LLs were telling people not to bother to ask permision from the lenders.

lynzpower

thanks miss moneypenny. Its about time we all contacted MPs about these issues :T

*gives herself kick up rear*

Mary_Hartnell

Mary_Hartnell wrote: »

Am I being over cynical to think that one of the motivations in getting landlords to register deposits is to identify landlords?

I've noticed a lot of young women (well younger than me anyway) finding a new man in their life BUT wanting to rent out their existing property as a "bolt hole" should the need arise.

How does HMC&R (the tax man) identify these new people with an untaxed source of income?

Some people seem to have misunderstood my reason for posting this.
I am trying to suggest that a motivation of the government introducing the new law was to get a register of landlords rather than protect tenants and perhaps that is why the law is badly written.
Personally I cannot see a problem with making peoples tax returns public documents Swedish style but I realise that is a bit rich for British sensibilities.
There is not much point in having all these "rights" if they are flouted as a matter of course.
I wonder how many landlords will be up to speed next month and give their prospective tenants the energy efficiency certificate.

It is easy these days to get an email direct to your representative, using a system that will monitor the speed of his/her reply.

http://www.theyworkforyou.com/

tbs624

Mary_Hartnell wrote: »

Some people seem to have misunderstood my reason for posting this.
I am trying to suggest that a motivation of the government introducing the new law was to get a register of landlords rather than protect tenants and perhaps that is why the law is badly written.

That's one of the problems with forum posts/emails - others can only read the actual words on the screen, and apply their own understanding, in the absence of access to the other part which remains inside your head!

I'm pretty sure that there will be "data/function creep" but don't think that is the cause of, or reason behind, the ambiguous wording of the relevant sections of the Housing Act

Mary_Hartnell wrote: »

I wonder how many landlords will be up to speed next month and give their prospective tenants the energy efficiency certificate.

LLs should of course comply if it is a legal requirement to do so - however EPCs are IMO are a total waste of time/effort and money (as are HIPS.) Both are prime examples of "looking busy, but doing nothing". EPCs are really way down the league when compared to the issues around getting LLs to comply with tenancy deposit regs. They do have nice coloured bars on the certificate though.

MissMoneypenny

lynzpower wrote: »

thanks miss moneypenny. Its about time we all contacted MPs about these issues :T

*gives herself kick up rear*

It was tbs who said about it, as the government are reviewing the private housing law.

Perhaps we should start a new thread to raise all the valid points, then put it in a letter, so people can just cut and paste it into an email if they want to?

BTW, there was a limit of 4,000 characters on the upmystreet email to the Housing Minister and Shadow Housing Minister. There didn't seem to be a limit on the email I sent to my MP which was through the They Work for You link.

RabbitMad

I think I might set up some sort of claim farm offering no win no fee deal and keeping just 35% of any penalty awarded.

Could be on to a winner. Anyone care to join me?

EagerLearner

Well I have to say that I am keen to see the first prosecutions... I'll be waiting with a hot lemsip, as today am feeling awful and brain not functioning, even to the point of clicking the thanks button amid feeling sleepy and having dream scenarios of landlords from hell rudely awakened by massive fines... If I had the time (full time job plus work as self employed) I could join you RM x