Please help with Tenancy Deposit Scheme?!

Protus

Hi there,

I was hoping someone might be able to provide some advice please?

I'm a new tenant in a shared house, and have my own assured shorthold t.a.

I know for a certain fact that my deposit has not been protected and have now passed my 14day waiting period (yesterday.)

Since moving into this property on the 15 Aug, I have had nothing but problems, and have had no help from the agents as they simply refuse to answer their phone... No hot water for the first 6days of moving in (had to shower at work, very embarrasing)...Other tenants told me the agency has been aware of the faulty boiler for 4months but refuse to install a new one! All of the drains are blocked, and now discovered today that I cant use the bath or washing machine as no water can drain out of the pipes - all of which is driving me slightly insane as nothing will happen due to bank holiday! I've informed them of this situation a week ago by written complaint, as I feared it would get this bad, but all to no avail as I've had no responce! Know its up to the lanlord to fix, however I dont know who he is, (only saw him briefly once) and he is not mentioned in the contract.

I have a 6month break clause, and seriously intend to use it, however I dont know when to actually start this court procedure?

I'm aware of the x3 penalty - however, i was browsing through another landlord forum & discovered that "the right to compensation effectively only arises when proceedings are issued, but can be defeated by compliance before the case is heard"

So, effectively this will only become final if the E.A or LL has not protected the deposit before the hearing!!! Because the legislation is so unclear, it means that they can on the day of the hearing produce a check for the dep amount or relavent DPS documentation and get away with it?

If however, I stay quiet & vacate the property after my 6months is up and they refuse to refund my dep, it seems I then stand a better chance of getting the x3 fine awarded? Apparently most county court judges are not happy with awarding the x3penalty and I really want to make sure they have to pay it, considering all that they have put me through...

So, what would be the best way to go about it?
I'm so confused!... Pls help!:eek:

Jowo_2

Agencies are obliged to provide the landlord's address within 21 days of a written request.

The Shelter website has excellent information on how to get a landlord to undertake repairs, including escalating it to the local environmental health department or a process whereby the tenant can get the repairs done and deduct the cost from the rent.

The legislation around protection of the deposit in a TDS is regarded as poorly worded. My understanding is that the majority of tenants bringing court cases against their landlord's are usually defeated by the landlord retrospectively protecting the deposit just before the case is due to be heard. In other words, so long as they protect it before the court case, the judge doesn't tend to punish them for missing the initial deadline to do this.

wreck_fisher

Personally, I would go and see the citizens advice beuareu and also write to the Environment officer and copy it by recorded delivery to the agent, I would also tell them(in writing) that you intend to stop paying your rent until the repairs are done and your deposit protected and you are taking legal advice. They cannot turf you out and cannot threaten court action until your at least 8 weeks behind with your rent. If the agents are members of any associations report them there as well. Just create as much trouble as you can for them.

N79

flex-c-ment_demon wrote: »

Personally, I would go and see the citizens advice beuareu and also write to the Environment officer and copy it by recorded delivery to the agent, I would also tell them(in writing) that you intend to stop paying your rent until the repairs are done and your deposit protected and you are taking legal advice. They cannot turf you out and cannot threaten court action until your at least 8 weeks behind with your rent. If the agents are members of any associations report them there as well. Just create as much trouble as you can for them.

I'm sorry but this is wrong. There is nothing to stop a LL going to court if the rent is 1 day late (a section 8 ground 10 eviction notice) or if the rent is up to date but has been paid late at least twice (a section 8 ground 11 notice). Ts would still have to pay the LL's costs.

The reason that LLs wait until 8 weeks rent is unpaid (if the rent is paid weekly / fortnightly) or 2 months rent is unpaid (rent paid monthly) is that this allows a section 8 ground 8 notice for which possession is mandatory. Grounds 10 and 11 are descretionary grounds and courts usually like to give Ts the benefit of the doubt. So LLs wait until they know that the court must grant them possession.

As a final note it is 2 months rent unpaid so a section 8 ground 8 notice can be issued 1 day after the second months rent should have been paid. (ie it really can be issued 1 month 1 day after the T stops paying, not 2 months).

Please do not advise Ts to unilaterally withold rent without first seeking advice (not afterwards as you imply) and following the strict proceedures laid down by the courts as Ts that withold their rent are risking their homes.

wreck_fisher

I did not advise I said that is what I would do personally. As far as the 8 week rule is concerned, I have several properties and one of my tenants got caught working while claiming benefits and his claim was stopped. He had no money to pay the rent I went to a solicitor and the court to fill in the forms there, and they both advised me that the court would not consider the claim until it was 8 weeks in arrears. You may start proceedings but the case will not be heard and the LL cannot evict the tenant without a court order. Been there done it got the T-shirt.

You can quote all the sections you want, it maybe black and white on paper but not in reality.

wreck_fisher

Being a LL myself I would also gamble that the courts would find for the tenant considering the condition of the property especially if the agent, environmental office and CAB are informed of your intention. Also the tenant could cross claim for compensation because of the condition, the courts are not kind to unruly LL's who take advantage. I would be withholding rent until repairs are carried out in conjuction with the mandatory duties of landlords having to supply hot and cold water and sewerage and not refusing to pay.

SouthCoast

From CAB:


Disrepair in rented accommodation

http://www.adviceguide.org.uk/index/family_parent/housing/disrepair_in_rented_accommodation.htm