Rent arrears and very unhappy landlord

mrginge

Werdnal wrote: »

WRONG - LATE PROTECTION DOES NOT COUNT, LATE PROTECTION MEANS DEPOSIT MUST BE RETURNED, LATE PROTECTION MEANS LANDLORD HAS FAILED TO COMPLY AND LATE PROTECTION DOES NOT RULE OUT THE CHANCE FOR TENANT TO CLAIM 1-3X PENALTY. Localism Act changed deposit rules to outlaw late protection as a LL get out clause!!!!!

We can all shout and use pretty colours, but doesn't mean you are correct in what you are shouting!

However, as I said earlier, landlord will claim for arrears, so best for OP to let them keep deposit and offset against what the LL can claim back.

Out of interest and for my own knowledge... Is there any distinction between eviction based on S.21 and an s.8 in the above process?

I suspect not, but I can see an argument that under a no fault s.21 the LL has to follow the correct procedure, but where it is an s.8 it's (usually) a tenant who's causing the issue. In the latter case should the tenant be able to claim any kind compensation or delay an eviction because of non-protection?

haras_nosirrah

Op how much is your rent a month and what general area are you. Someone may be able to tell you how much housing bemefit you might get. Also how many in your household and how many bedrooms does the property have?

Werdnal

mrginge wrote: »

Out of interest and for my own knowledge... Is there any distinction between eviction based on S.21 and an s.8 in the above process?

I suspect not, but I can see an argument that under a no fault s.21 the LL has to follow the correct procedure, but where it is an s.8 it's (usually) a tenant who's causing the issue. In the latter case should the tenant be able to claim any kind compensation or delay an eviction because of non-protection?

For an S21 notice to be valid, at the point of service the LL must be able to prove that:

Deposit was protected within 30 days of receipt
Prescribed information was served to tenant within 30 days of receipt of deposit.

Failure to do both renders S21 invalid.

LL has to return the deposit and have proof this was done BEFORE S21 can be issued. Even then, the penalty of 1-3x deposit value can still be persued by tenant, but it is not an easy process and has to go through High Court I believe, hence the estimatd £1K court fees.

S8s have no such requirement for deposit protection compliance, but many of the grounds for S8 are discretionary, and whilst the notice period is shorter (14 days before LL can apply to court), the S8 does not guarantee possession will be granted (correctly served S21 will).

Naf

amberleaf123 wrote: »

Thanks. I will deal with the landlord chasing me for arrears when the time comes.

But I can still ask for the deposit back as it wasn't protected and the landlord must return it despite the rent arrears, is this correct?

I'm sure I remember something along the lines that LL must pay back 2 or even 3 times the deposit because they didn't protect it? If this is true then it's leverage to offset that against rent - a much higher amount than just the original deposit, and saving the LL from having to pay you from his own pocket...

amberleaf123

Naf wrote: »

I'm sure I remember something along the lines that LL must pay back 2 or even 3 times the deposit because they didn't protect it? If this is true then it's leverage to offset that against rent - a much higher amount than just the original deposit, and saving the LL from having to pay you from his own pocket...

If I pursued compensation, the landlord would need to pay 1-3k in compensation plus return my deposit and I assume pay costs. This would cost him more than the rent arrears.

Surely it would be in his best interests to return the deposit, give me some space to sort out alternative accommodation and then we can all move on?

moreofthegoodstuff

amberleaf123 wrote: »

If I pursued compensation, the landlord would need to pay 1-3k in compensation plus return my deposit and I assume pay costs. This would cost him more than the rent arrears.

Surely it would be in his best interests to return the deposit, give me some space to sort out alternative accommodation and then we can all move on?

He should let you live there rent free forever and cook your meals and clean for you since your such a special person.

Are you for real? I go back to my original points, where are all your do gooders now?

Fire_Fox

amberleaf123 wrote: »

If I pursued compensation, the landlord would need to pay 1-3k in compensation plus return my deposit and I assume pay costs. This would cost him more than the rent arrears.

Surely it would be in his best interests to return the deposit, give me some space to sort out alternative accommodation and then we can all move on?

How exactly is that a fair solution? You got three months free, your landlord is three months out of pocket and perhaps at risk of being repossessed. And all because YOU didn't bother sorting out YOUR income and YOU are happy to be in breach of contract. Pay the money you owe, move out and then you can all move on.

amberleaf123

Fire_Fox wrote: »

How exactly is that a fair solution? You got three months free, your landlord is three months out of pocket and perhaps at risk of being repossessed. And all because YOU didn't bother sorting out YOUR income and YOU are happy to be in breach of contract. Pay the money you owe, move out and then you can all move on.[/QUO

Fair comment but what about the landlords responsibilities?

Is it fair that he didn't protect the deposit? Is it fair that he thinks it is acceptable to shout threats and obscenities through your letterbox or kick the door?

I know I am in the wrong here. I have failed in my duty as a tenant but hasn't he failed in his duty as a landlord?

If the landlord is entitled to pursue me for rent arrears, aren't I entitled to pursue him compensation if the law states I can?

duggan1

amberleaf123 wrote: »

If the landlord is entitled to pursue me for rent arrears, aren't I entitled to pursue him compensation if the law states I can?

Entitled yes, wise? Perhaps not.

Sparx

OP is a troll, right? I've just read this whole thread in laughter, what a joker!