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Tenancy Deposit Scheme - Bad Landlord!
Comments
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I don't see that protecting the deposit now is an option to be explored prior to court action, as there is no longer a tenancy.
The reply from Newcastle City Council
"The implication of the legislation is that a claim would be correct as the landlord would not have protected the deposit. Parliament can not have intended that liability would cease merely because the landlord had managed to evade detection for the duration of the tenancy. There has been one reported case to my knowledge (Gloucester County Court) where the claim was made after the end of the tenancy and the Judge upheld the former tenants claim"
http://england.shelter.org.uk/forums...p?showtopic=36RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
So let me get this straight (sorry - not so legally aware between civil laws etc.) The Tenancy Act has been broken and specifically says that a 3x fine should be paid in this instance. (unless the landlord fixes it up) But this is still not binding?
PS I appreciate your thoughts re letting the relevant people know where the act is failing.
Your MP, plus Yvette Cooper the Housing Minister (although she seems to pass the letters over Iain Wright MP but keep nagging her) plus Shelter, plus the CAB plus your local council private lettings section.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
MissMoneypenny wrote: »Can a deposit be put into the TDS after a tenancy has ended?
If a landlord can't put a deposit into a scheme when the tenancy has ended, then have failed to comply with the law and will have to pay 3x the deposit.
Can a deposit be put into the TDS after a tenancy has ended?
This is the point I was trying to get at... the LL hasnt complied during the period of the tenancy, and his "get out of jail free card" would be to simply protect the deposit when threatened with court action. By ending the tenancy, surely this would remove his "get out of jail free card" and mean that he hasnt protected the money as legally required too, and thus should pay the 3x fine...
Thoughts?0 -
You should really do as tbs suggests in post 41 and contact the TDS links he gave, to check if the deposit was put in the scheme. While talking to them, you could ask if they allow a deposit to be put into the scheme after the tenancy has ended?RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
MissMoneypenny wrote: »You should really do as tbs suggests in post 41 and contact the TDS links he gave, to check if the deposit was put in the scheme. While talking to them, you could ask if they allow a deposit to be put into the scheme after the tenancy has ended?
According to the DPS, as long as a LL holds the deposit, he can protect it, even if that is after the tenant has moved out.
So any tenant that has recieved their deposit back from a LL who never protected their deposit, could wait until they recieve it back, and then push for the 3x punishment for not protecting the deposit in the first place, as the LL doesnt have his get out of jail free card of simply then protecting the deposit once pushed right?0 -
So any tenant that has recieved their deposit back from a LL who never protected their deposit, could wait until they recieve it back, and then push for the 3x punishment for not protecting the deposit in the first place, as the LL doesnt have his get out of jail free card of simply then protecting the deposit once pushed right?
IF this is the case (is it?!) then surely this could apply to ALOT of people? What am I missing? Why hasnt anyone else chased this up? Why arent there streams of people going to court to get their 3x deposit for the LL not protecting theirs?0
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