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LL waits 13 Years to inspect Property .

245

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    dancingfairy wrote: »
    Depending on whether the tenant has been re-signing contracts each year or whether it has gone onto a rolling tenancy then the tenant may be able to caim 3 x the deposit in court for failure to protect the deposit. Makes no difference. It has to be done within a certain time of the signing of the contract. If the was signed 13 years ago and never been renewed (ie just gone onto a rolling contract) then I believe it didn't need to have been protected
    If an AST 'rolls on' to a Statutory Periodic Tenancy, a new tenancy is created. If this happened before 2007 (date of Housing Act implementation) then registration is not required.
    If it happens after 2007, deposit must be registered.

    I think.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    anselld wrote: »
    I don't think that is correct; if the tenancy has remained unchanged since before April 2007 there was no obligation to protect.
    Sorry. Correct.

    OP needs to advise us of the date the tenancy became periodic (if it did become periodic)

    I've amended my post.
  • anselld
    anselld Posts: 8,743 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    G_M wrote: »
    If an AST 'rolls on' to a Statutory Periodic Tenancy, a new tenancy is created. If this happened before 2007 (date of Housing Act implementation) then registration is not required.
    If it happens after 2007, deposit must be registered.

    I think.

    Correct. If the tenancy is 13 years old it would have presumably rolled to SPT 12 odd years ago. If it has been renewed then fair enough.

    As ever, the facts would help!
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    G_M wrote: »
    If an AST 'rolls on' to a Statutory Periodic Tenancy, a new tenancy is created. If this happened before 2007 (date of Housing Act implementation) then registration is not required.
    If it happens after 2007, deposit must be registered.

    I think.


    All very confusing :)

    This is a useful read:
    http://www.landlordlawblog.co.uk/2013/06/17/new-case-on-tenancy-deposits-received-before-april/?doing_wp_cron=1382028221.3981471061706542968750

    Click on the internal link - her latest post- too.

    Even this solicitor is confused!
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    edited 17 October 2013 at 6:18PM
    LL waits 13 Years to inspect Property

    Demand your right to quiet enjoyment, coming around every 13 years is harassment!
  • tommytynan123
    tommytynan123 Posts: 482 Forumite
    Have you received the letter from the deposit company ? If not his statement may be false ?

    7 year rule applies as above.

    Had it been me I would have gone into the ''surveyor / letting agent'' and gone berserk - absolutely berserk and demanded a written apology or else its the press.
  • gayleanne
    gayleanne Posts: 330 Forumite
    Could it be that after all this time the owner has died? and this could have been for probate.
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    I would have gone into the ''surveyor / letting agent'' and gone berserk

    Irony ?
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I_have_spoken wrote: »
    Irony ?

    Shirty....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    DaftyDuck wrote: »
    Shirty....
    Laundry...?
This discussion has been closed.
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