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another deposit scheme post
Comments
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only address we have to hand is the agents address, which is also the landlords?
he can hardly write to the landlord to slag the agents off when its them that will be opening the letter?
NAME and ADDRESS are two different things! It's pretty immature to write a letter 'slagging' anyone off and I don't see anyone here recommending your friend does so. Have you run an advanced search yet?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
NAME and ADDRESS are two different things! It's pretty immature to write a letter 'slagging' anyone off and I don't see anyone here recommending your friend does so. Have you run an advanced search yet?
perhaps I termed that wrong too, but the agents are truly awful!
can't find much info on Google re my mates "owner" but the 1 still holding my bond is the director of 9 companies and was of 14 now dissolved0 -
after a bit more advice for him,
he's getting ready to write a letter before action.
can he ask them for 3x the £425 for not protecting his bond, he as had it confirmed that the 3 schemes have nothing in his name, the 1st was, but withdrawn after 6 months, and he was never informed by anyone,
we are not sure if he is still on a AST or now on a statutory periodic tenancy, he paid £75+VAT for another 12 months AST in late april , but never received it to sign and the agent refuses to supply it.
could he also try to claim some form of compensation for the repairs not been done?
1 problem he has is it appears that the toilet is constantly overflowing, his water usage equates to £60 p/m and there are just 2 people living there and both are out all day working, not sure if that would cause that much cost, but the water board checked it out and found no external leak,
i lived on my own the same size flat just round the corner and only paid £20 p/m and there was usually 2 or 3 in most of the time!0 -
Your friend can *ask* the LL/LA for whatever he likes but that does not mean he will get it. A court is able to deal with the LL's failure to ensure deposit registration/failure to provide the scheme's precribed information to the T and *must* award an amount not less than the deposit but nor more than three times the deposit equivalent.after a bit more advice for him,
he's getting ready to write a letter before action.
can he ask them for 3x the £425 for not protecting his bond, he as had it confirmed that the 3 schemes have nothing in his name, the 1st was, but withdrawn after 6 months, and he was never informed by anyone,
A stat periodic tenancy (SPT) is still an AST. If the original Fixed Term of the AST has expired and no new Fixed Term has been signed up to then it sounds as though your friend's tenancy *is* now running as an SPT.we are not sure if he is still on a AST or now on a statutory periodic tenancy, he paid £75+VAT for another 6 months AST in late april , but never received it to sign and the agent refuses to supply it.
What this means is that all the terms of the previous Fixed Term apply, except for those on "determination", ie how and when either party can bring the tenancy to an end. Where rent is paid monthly the LL must give the T two months' notice and the T must give the LL one month, aligned with the monthly "tenancy period"
Note that a LL who has failed to scheme register the T's deposit/provide the Precribed Information cannot serve a valid s21 notice as the starting point to ending the tenancy.
If he has paid a fee specifically to renew for a further Fixed Term but the LA has not in fact arranged this then your friend may want to insist that the LA repays that fee to him. He may also like to discuss that particular issue with the local Coucil's Trading Standards Officer
Has your friend reported this to the LA in wiritng and kep a copy of the letter? Whilst this would fall under the LLs "repairing obligations" your friend needs to be able to show that he has in fact reported it. He may also like to google how to deal with an overflowing lavvy himself - there are fairly straightforward solutions.could he also try to claim some form of compensation for the repairs not been done?
1 problem he has is it appears that the toilet is constantly overflowing,
In your friend's situation I would initially be formally requesting (via the LA) that the LL return my tenancy deposit to me in full, given that the deposit schemes have confirmed that there is no record of appropriate registration, as required under the Housing Act 2004 (amended by the Localism Act) 20110 -
perhaps I termed that wrong too, but the agents are truly awful!
can't find much info on Google re my mates "owner" but the 1 still holding my bond is the director of 9 companies and was of 14 now dissolved
If you and your friend wanted to complain about other issues during the tenancy you should have done so. If there are ongoing health and safety issues bring in Environmental Health at the local council but be sure you have a paper trail of reporting these issues to the landlord or his agent. EH can enforce the landlord (NOT the agents) repairing obligations.
This is about the deposit, legally your landlord has it not the agent as already explained repeatedly. Whether or not the agent is a shyster is a red herring, your landlord is legally responsible for retuning your deposit. If he cannot get it off the agent that is his problem. You are contracted to the landlord not the letting agent, the landlord is contracted to his agent.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
If you and your friend wanted to complain about other issues during the tenancy you should have done so. If there are ongoing health and safety issues bring in Environmental Health at the local council but be sure you have a paper trail of reporting these issues to the landlord or his agent. EH can enforce the landlord (NOT the agents) repairing obligations.
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i did and it didn't really do me any good, i got out and because you seem to know the ins'n'out i will seek your advice within this post if that's ok?0 -
This is about the deposit, legally your landlord has it not the agent as already explained repeatedly. Whether or not the agent is a shyster is a red herring, your landlord is legally responsible for retuning your deposit. If he cannot get it off the agent that is his problem. You are contracted to the landlord not the letting agent, the landlord is contracted to his agent.
i have advised him to write to the landlord, via the agent as this is the c/o address.
i said I'm not 100% sure of the facts, but what i can gather is that my friend reported several issues all by email or phone which i understand isn't the done thing,
the agent does have a online fault report system, but i now understand this is not proof,
end of the day, he his scared of rocking the boat if they try to evict him, i have assured him they cannot do this if his deposit has not been secured (i hope this is right)
the main thing is getting the £75+vat for a non existent renewal lease (does this have to be signed?) and the bond back, which is now not protected, and compensation for their excessive water bill?0 -
i did and it didn't really do me any good, i got out and because you seem to know the ins'n'out i will seek your advice within this post if that's ok?
as for my own advice which would be appreciated,
i left the property on the 15th Nov, again zero response from the agent apart from them accepting my notice, i asked them several times about the check out (again by email/text)
i never heard a word from them them apart from arranging viewings.
in the terms it states they have 28 days to return the deposit, but i have not heard a thing since, + Ive read they must inform me within 10 days of their intent,
i posted the keys when they wouldn't do a check out and have just wrote a letter requesting my deposit back0 -
Leaving aside your mate' s difficulties for now.....
My bolding. Why did you agree to them arranging viewings if they could not be bothered to respond your queries on check out procedures? You had the upper hand there - bear it in mind for future dealings with any difficult LAs/LLs.as for my own advice which would be appreciated,
i left the property on the 15th Nov, again zero response from the agent apart from them accepting my notice, i asked them several times about the check out (again by email/text)
i never heard a word from them them apart from arranging viewings.
in the terms it states they have 28 days to return the deposit, but i have not heard a thing since, + Ive read they must inform me within 10 days of their intent,
i posted the keys when they wouldn't do a check out and have just wrote a letter requesting my deposit back
1.*Which* deposit scheme is your own deposit registered with?
2. Did the LL/LA specifically provide you the Prescribed Information from the relevant scheme? (This is a legal requirement and a recent Court of Appeal case saw the T being awarded a penalty payment from the LL of 3x the deposit equivalent.
3. Have you now/previously sent a snail mail letter (keeping a copy for your own records) to the LL (c/o the LA if that is the only address supplied by your tenancy paperwork) *formally* requesting the return of your deposit?0 -
Leaving aside your mate' s difficulties for now..... My bolding. Why did you agree to them arranging viewings if they could not be bothered to respond your queries on check out procedures?
the viewings took place within the 1st 2 weeks of my notice so i hadn't asked about the check out then1.*Which* deposit scheme is your own deposit registered with?
its with my deposits and Ive just checked and its still there2. Did the LL/LA specifically provide you the Prescribed Information from the relevant scheme? (This is a legal requirement and a recent Court of Appeal case saw the T being awarded a penalty payment from the LL of 3x the deposit equivalent.
yes, within the 1st 28 days3. Have you now/previously sent a snail mail letter (keeping a copy for your own records) to the LL (c/o the LA if that is the only address supplied by your tenancy paperwork) *formally* requesting the return of your deposit?
yes & yes, they should have got it this morning, my lease has been expired 12 days now.0
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