Advice on absentee landlord

uk_property_expert

Tenancy Deposit Scheme: The Options Available

From 6th April 2007 all deposits taken by landlords must be safeguarded by one of three Government approved schemes. Landlords can choose which scheme they wish to use and must safeguard each deposit and inform the tenant which scheme has been used within 14 days of receiving the deposit. The Government has awarded contracts to three companies to run its tenancy deposit schemes.
This guide is designed to inform you of the options available to you.
RLA advice in a nutshell

Avoid deposits OF LESS THAN £600 - or use the Government Custodial Scheme (Option2)

• If you must take a deposit, look at the RLA backed TDSL (Option 3)
• Make sure your inventory is accurate and signed by yourself and the tenant. (For more information and advice on inventories, click here)
• Use the correct AST agreement – RLA has new versions. You must issue a “Prescribed Form” also.
• Read our Tenancy Deposit Scheme: Information for Landlords

Deposit Protection Scheme (Free to Use)

The Deposit Protection Scheme is managed by Computershare who have been running the same scheme in Australia since 1999. It is provided free of charge and is funded entirely by the interest earned from deposits held in the scheme.

For further information on the Deposit Protection Scheme (DPS) or to register/submit a deposit click here

The importance of Inventories and Conditions Schedules, click here


Do not take deposits

The majority of landlords in the UK rarely encounter the need to hold onto some or all of the deposit, which poses the question “do you really need to take deposits?”
If you wish to avoid the cost and beuraucracy of entering any of the schemes, there are some suggestions on what can be done.
To see these suggestions, click here



The Tenancy Deposit Scheme (TDS)

The Tenancy Deposit Scheme is an insurance backed deposit protection and dispute resolution service run by the Dispute Service and builds on a scheme that has been running since 2003. The new scheme allows landlords and agents to hold onto deposits. There is an annual fee per property for landlords and a one off annual fee for letting agents.

For further information on The Tenancy Deposit Scheme (TDS) or to register/submit a deposit click here

The importance of Inventories and Conditions Schedules, click here


My Deposits

Tenancy Deposit Solutions is an insurance backed deposit protection scheme and allows landlords (either directly or through an agent) to hold deposits. This service requires landlords to pay a joining fee plus an insurance premium per deposit and an annual renewal fee.
In conjunction with TDSL, the RLA can offer members entry into this scheme at a subsidised rate.

For further information on Tenancy Deposit Solutions Ltd (TDSL) or to register/submit a deposit, click here</STRONG>

The importance of Inventories and Conditions Schedules, click here




Still don't know what to do?

treblekicker

Interesting. Does that mean the rent hasn't been legal from the start? Also from reading about Section 8 what process follows for that? It sounds like it's quicker but I maybe wrong on this.

BitterAndTwisted

WHY DO YOU THINK PEOPLE HAVE BEEN ENCOURAGING YOU TO PROVE IN WRITING THAT YOU HAVE EXHAUSTED ALL SENSIBLE AND REASONABLE AVENUES TO ESTABLISH YOUR LANDLADY'S ADDRESS?

Have you got off your bum and written to the agents asking them if they have the address yet? Better do that first than worry your pretty little head about hypothetical Section 8s

treblekicker

Errrrrm yes we have - we're waiting for a response. No need to shout

It's a interesting discussion so I thought I'd ask the question - this is an area new to me.

G_M

BitterAndTwisted wrote: »

How can you question them Fire Fox, they claim to be a/the UK property expert?

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

BitterAndTwisted

A Section 8 can be issued once a tenant is eight weeks in arrears.

treblekicker

Perfect. Thank you. That's all I needed to know. I'll be long gone from this address by then. :beer:

BitterAndTwisted

Please don't believe that because you cannot find the landlady that she will not be able to find you. Do everything by the book as Fire Fox suggested and you should be home-free

uk_property_expert

Ok here goes,
If it is confirmed by one of the 3 scheme operators that if the landlady has not registered the deposit that the rent you have paid should be returned to you via a court action. You can take her to court. Once the court agrees that she should refund your total rent paid and she does not you can get a ccj issued, then if that is not paid you can apply for a charging order once that has been agreed you can force a sale to recover your monies.
I am 99% sure this is what i read and this is what has happened when 5 students sought justice for their deposit not being put into a scheme

Fire_Fox

treblekicker wrote: »

Perfect. Thank you. That's all I needed to know. I'll be long gone from this address by then. :beer:

If you get into arrears your landlord can take you to the small claims court to get the money back, regardless of whether you have vacated the property or not. You have plenty of straightforward legal avenues to take.