tenant now nearly 8 weeks in arrears

speedtwin

paintpot wrote: »

The last accelerated possesion application form I saw it asked for evidence of the deposit being protected to be submitted. The application was rejected by the court on a technicality not the fact the deposit was unprotected because it was and evidence was submitted but my point being, the courts will pull you up, and do regularly, on the smallest point on the form. I advised the landlord in question on the form and is was subsequently accepted upon amendment.

I am amazed if the deposit issue is overlooked by the court when it is clear a deposit should have been protected.

It was late 07 when i did mine the forms must have changed since then.

Pssst

Sadly good tenants are almost as rare as rocking horse muck. The very reason why many people rent is because they have issues. Inexperienced BTL'rs are lambs to the slaughter with some of these people. they know the score.

Notlob

There appears to be some confusion on when a section 21, issued within a fixed term, expires. I think you will find that all one has do is to give no less than 2 months notice to expire on any day, even if that day is outside the fixed term. The type of section 21 used depends on when it was issued and not when it expires.

Notlob

georgiasmum

I can sympathise. I let out a spare room using the rent a room scheme and have had several fraudulent transactions on my accounts. I have confronted my lodger with the evidence and he confessed. I have given him notice to leave but owes rent and bill money...

neverdespairgirl

georgiasmum wrote: »

I can sympathise. I let out a spare room using the rent a room scheme and have had several fraudulent transactions on my accounts. I have confronted my lodger with the evidence and he confessed. I have given him notice to leave but owes rent and bill money...

I'd be calling the police.

speedtwin

speedtwin wrote: »

Not strickly correct. If using a section 21(1)(b) which is used during the fixed term of the tenancy as long as the 2 months notice starts inside the fixed term and the end of the 2 months notice ends no earlier than the last day of the tenancy it doesnt matter what day it falls on

If using a section 21(4)(a) which is used for a periodic tenancy (month to month ) the dates are important but you can get s21(4)(a) forms which dont have a space for the date to go in, it has what is known as a saving clause which just mentions about 2 months notice falling in line with a rent period.

quote:There appears to be some confusion on when a section 21, issued within a fixed term, expires. I think you will find that all one has do is to give no less than 2 months notice to expire on any day, even if that day is outside the fixed term. The type of section 21 used depends on when it was issued and not when it expires.

Notlob :quote

Isnt that what i stated in the above post?

tbs624

speedtwin wrote: »

I have not said do not protect the deposit. If you read my post again a bit more carefully i said the issue of the deposit protection wasnt mentioned by the court or the judge though it WAS. The point i was making was they could take the risk and go for a hearing without it and may get away with it. All deposits should be protected if using a ast.

You dont need a solicitor to get a fairly standard contract and any good agent can organise that at a lot less cost. A good agent knows a lot more about housing law than a run of the mill solicitor unless they specilise in it.

You do have a problem with me "popping" up on the forum or do you have the monopoly on it?

Read my full post again and in context (and note that it's generally considered good form to indicate (a) when you add your own text within a quote, and (b) that the quote is a partial one. That's what these do "..............")

My post was questioning the possible discrepancy between your constant plugging away on the use of LAs so as to get things right whilst making posts that seemed to me to indicate a less than healthy respect for tenant deposit law.

On your comment on the value or otherwise of where to get decent advice, whenever I suggest that people use a solicitor or paralegal (or CAB worker) it has the rider that it should be someone with specific LL&T experience. Many tenants and LLs have less than satisfactory experiences of using LAs, self-regulated or not. Do you work as an LA?

Pssst

georgiasmum wrote: »

I can sympathise. I let out a spare room using the rent a room scheme and have had several fraudulent transactions on my accounts. I have confronted my lodger with the evidence and he confessed. I have given him notice to leave but owes rent and bill money...

That must be terrible having to live in the same space as someone who is ripping you off. I guess its a bit like being married in some cases? Do rent a room types have the same legal protections as tenants? I dont think so?

speedtwin

tbs624 wrote: »

Read my full post again and in context (and note that it's generally considered good form to indicate (a) when you add your own text within a quote, and (b) that the quote is a partial one. That's what these do "..............")

Sorry i must have missed the guide lines on what is good form and what is not. Where are they exactly???

My post was questioning the possible discrepancy between your constant plugging away on the use of LAs so as to get things right whilst making posts that seemed to me to indicate a less than healthy respect for tenant deposit law.

The word "posts" indicates a number posts have been made implying that i dont have a "healthy respect fo tenant deposit law" which is not correct. I have the upmost respect for the law I just think it was badly thought out, badly implemented and badly worded.

On your comment on the value or otherwise of where to get decent advice, whenever I suggest that people use a solicitor or paralegal (or CAB worker) it has the rider that it should be someone with specific LL&T experience.

Your point is?
As i said for a fairly standard contract there is no need to use a solicitor and the high cost it would involve.
Isn't this web site about saving money???????

Notlob

speedtwin wrote: »

Not strickly correct. If using a section 21(1)(b) which is used during the fixed term of the tenancy as long as the 2 months notice starts inside the fixed term and the end of the 2 months notice ends no earlier than the last day of the tenancy it doesnt matter what day it falls on.

Speedtwin, could you then explain what you meant by the comment highlighted in red please.

Notlob