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unprotected rent deposit - claim
Comments
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What area was your tenancy in, the UK?
When did your tenancy agreement start, the exact date?
What exact date did you pay your deposit, who did you pay it to?
How long was the initial tenancy for, when exactly, did it start and end?
If you reply please do so in paragraphs, so that it can be read more easily.
obm0 -
PLEASE
* Cut the rubbish/irrelevancies out of your posts
* break them into paragraphs: one for each point/question/fact
You are making this allmuch more complicated and confrontational than it need be.[STRIKE]There was quite few house visits lately but i'm cool with it, this is normal..some people decide to sell house some people buy houses, me personally i don't have any issues with it, life goes on. I'm not such man which like to mess things up to some one (LL/LA). House went on market for sale..Ask is not my job to show around and guide potential buyer trough a house..We agreed with my LA that all house visits will be processed when i'm working on specific time, before every visit, i asked them to inform me and everything will be arrange if when it suits me and my family. One day, my partners sister came to visit us for few days maybe for a week..At that time when me and my other half been working (LA knew my work time tables). [/STRIKE]Visit been proceed by agency with which i don't have anything to do..for some reason LL agreed to sell house trough other LA, not that one which collects my rent.
Letting agencies do not sell houses. Estate agencies do.
So they just came in, as they never expected to find anyone in a house..Family member been a bit terrified when strangers show up in a house for no reason..
over-reaction. Ask who they are and ask them to leave. Sorted.
when i asked my LA whats happening they explained that LL asked to cut key for another LA for visits i think everything was arranged between those 2 LA when i'm working and "help yourself". So it's clear trespass.
Rubbish. Have you read the terms of your contract? Probably permits entry for specific reasons. Now write a letter to the landlord explaining what advance warning you want for viewings, then change the lock. Sorted.
[STRIKE]Another bit of my story..we just had our baby born, 7 days ago, my partner had emergency cesarean section we almost lost baby..so after 5 full days spend in hospital when we got back home i noticed [/STRIKE]email from my LA that Surveyor visit for mortgage as house been sold.[STRIKE] I'm understandable person not very good for landlord for new buyer for everyone who involved in this house sale..But i didn't had any other choice but refuse visit because of 2 reasons: 1. due to poor baby's immune system we been advice by doctors - no visitors al least for a few weeks. 2. Partner after surgery recovery up 10 weeks in simple words not very healthy person in a house.[/STRIKE].So i send official request letter to my agency "do not be disturbed" till 06/01/2015 [STRIKE]due to these reasons. I confirmed my words sending copy of hospital letter that surgery taken place. My request lies in with my tenant right and lies in with law it self.[/STRIKE] Next day i received email from LA, which says that this visits needs to be completed ASAP.
So change the lock. Sorted.
[STRIKE]I explained that nearest visit possible on that date which been mentioned in previous my email 06/01/2015. LA wasn't very happy i think. Which way i see it, after such my email actions taken by LA-LL informed with current situation and that's it. All of us we our problems and our lives it's not just about LA or LL.[/STRIKE] After that, LA passed my personal confidential data to Surveyor's company and they started to phone me trying to arrange visit..
Seems both sensible and reasonable. You and surveyor can then agree a mutually agreeable date.
my postion - i don't have anything to do with LL,
Yes you do. You have a contract with him.
Surveyor's company and that agency which sols house. And this where i got !!!!ed off about everything i think it's not acceptable. All of them they just trying to bully way in no matter what. No they trying to "buy" me with reduced rent for few months till TA expires..
Just change the lock, then dealpolitely with people and agree when they can/can't come.
And I'm amazed I'm still replying since you don't make it easy! If you deal with your LL/agent the same way......0 -
PLEASE
* Cut the rubbish/irrelevancies out of your posts
* break them into paragraphs: one for each point/question/fact
You are making this allmuch more complicated and confrontational than it need be.
And I'm amazed I'm still replying since you don't make it easy! If you deal with your LL/agent the same way......
Very nice and good your position. People breaking a law - and i'm bad guy. Very nice. I'm surprised why did you replay at all
I don't have anything to do with LL. I have TA with my LA. If i have TA with LL, where is LA part in all of this? Just collect rent, keep % off it and that's it? So why then LL need to pay 10-15%? Just for fun? Where LL is when something brakes down? where LL when selling house? Why LL doesn't contact me to arrange viewings? why LA contacts me? I have TA with my LA, LA has something else with LL, end of story. One more thing, it doesn't matter what's in TA written, there is laws on which TA should be based, that's it.
Do you have at least small clue what is:
Trespass? No, i will explain then - criminal ofence
Private data protection? Don't know? - here you go https://www.gov.uk/data-protection/the-data-protection-act
unprotected deposit? don't know? i think you do not need to know then.
In 3 years i never had a single complain from anyone. In 3 years i wasn't late with rent even 1 single time? What you want me to do..when someone !!!!es on your head probably you open mouth too. Peace0 -
You have a contract with the LL. Your LL has a contract with the LA. You have no contract with the LA.
It sounds like your LL has opted for a fully managed service from the LA which is why the rent goes to your LL via the LA. It's also why you contact the LA about repairs etc.
Read Shelter's advice about deposits and what to do if your deposit isn't protected.
http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes
No it's not on to have an estate agent just wandering into your home whenever they like. WRITE (pen & paper not email) to the address in your TA for the serving of notices and tell them that you want 24 written notice before anyone enters your home. If someone persist on letting themselves in change the barrel in the locks.0 -
the people who post answers on here, GM especially, know a lot more about LL and tenant law than you do and moreover are offering advice on how to proceed without getting both sides totally upset which is what your attitude will doDo you have at least small clue what is:
Trespass? No, i will explain then - criminal ofence
Private data protection? Don't know? - here you go https://www.gov.uk/data-protection/the-data-protection-act
unprotected deposit? don't know? i think you do not need to know then.
In 3 years i never had a single complain from anyone. In 3 years i wasn't late with rent even 1 single time? What you want me to do..when someone !!!!es on your head probably you open mouth too. Peace
your contract is with the LL not with the LA - go and read who is listed as the LL on it, it will not be the TA !
the agent does indeed "just collect 10 -15% for acting as the middle man between you and the LL, the LA takes the crap from the tenant but has no authority to make decisions, that is down to the LL to decide what to do
trespass - in the context you describe it is not criminal trespass, it is (probably) breach of your TA because there will almost certainly be a clause in there giving them right of access with 24 hours (written) notice. They may have breached that, a civil matter not a criminal trespass
the ICO will not be interested in single cases of a data subject being compromised. They will tell you to use the LA's offical complaints procedure and to keep a log. If there are repeated breaches then you can report those to the ICO and they may write a letter to the LA - the ICO certainly will not take legal action against the LA for the "breach" you describe as it is not unreasonable to pass your details to the surveyor so that the surveyor can arrange a date with you. And before you shout yes I have read that you said no visits before 6/1/15. So the surveyor needs to arrange one for after then and in the meantime is under pressure from the people buying the property to get a move on so you can hardly blame the surveyor for trying to get an earlier appointment if they can
you already know what to do about an unprotected deposit
you paid the rent on time as you were contractually obliged to do, do you want a round of applause from us ?0 -
the people who post answers on here, GM especially, know a lot more about LL and tenant law than you do and moreover are offering advice on how to proceed without getting both sides totally upset which is what your attitude will do
your contract is with the LL not with the LA - go and read who is listed as the LL on it, it will not be the TA !
the agent does indeed "just collect 10 -15% for acting as the middle man between you and the LL, the LA takes the crap from the tenant but has no authority to make decisions, that is down to the LL to decide what to do
trespass - in the context you describe it is not criminal trespass, it is (probably) breach of your TA because there will almost certainly be a clause in there giving them right of access with 24 hours (written) notice. They may have breached that, a civil matter not a criminal trespass
the ICO will not be interested in single cases of a data subject being compromised. They will tell you to use the LA's offical complaints procedure and to keep a log. If there are repeated breaches then you can report those to the ICO and they may write a letter to the LA - the ICO certainly will not take legal action against the LA for the "breach" you describe as it is not unreasonable to pass your details to the surveyor so that the surveyor can arrange a date with you. And before you shout yes I have read that you said no visits before 6/1/15. So the surveyor needs to arrange one for after then and in the meantime is under pressure from the people buying the property to get a move on so you can hardly blame the surveyor for trying to get an earlier appointment if they can
you already know what to do about an unprotected deposit
you paid the rent on time as you were contractually obliged to do, do you want a round of applause from us ?
Trespass been done by agency which sold house not by my LA. So this is people from the street. Call then whatever you want to call them.
Passing private confidential information to third parties - law offense, it doesn't matter what TA says, there is a laws on which TA should be based if TA doesn't met law - this is not valid TA then.
Why i'm here, to look for advice to consider options what to do and how correctly handle current situation, maybe someone will give good advice how to handle current situation.
So answer me this - when tenant qualifies to "do not disturb" ? when can you ask for a privacy on a human level? Because when reading your post feels that tenants don't have such right at all..correct?
About deposit - i can sue my TA as i own cit loan note which been signed by manager of my TA when i paid cash..When some signed such "thing" doesn't take any responsibility regarding my deposit?
And last bit, people here which trying to choke me, i believe "you" guys related to such businesses and "you" simple don't have any interest in tenants rights. Don't have anything to add more.0 -
I think you would do well to go and get legal advice from a solicitor who will tell you in black and white what you can and can't do0
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It's your LL that you would sue for not protecting your deposit. The LA is an agent working on behalf of the LL and it's ultimately your LL's responsibility to ensure your deposit is protected. If the LL then wants to sue the LA for not doing what he/she pays them to then that's up to him/her.
If your LL has sold the property there is a chance that you will be issued with a Section 21 notice if you haven't received one already. By not protecting your deposit this makes the Section 21 invalid so until you know what's happening with the sale of the property you might want to hold off suing anybody.0 -
you have been given good advice, the problem is it is not what you want to hear so you ignore itWhy i'm here, to look for advice to consider options what to do and how correctly handle current situation, maybe someone will give good advice how to handle current situation.
in England and Wales law there is a very big grey area between the tenant's "right" to privacy ("quiet enjoyment") and what it says in the contract. Your "right" is implied, it is not defined in words and therefore the consequences of any breach can only be decided in courtSo answer me this - when tenant qualifies to "do not disturb" ? when can you ask for a privacy on a human level? Because when reading your post feels that tenants don't have such right at all..correct?
I have no idea what a cit note is however everyone on this thread has said if the deposit is not protected you can sue, so why do you keep repeating yourself. It is behaviour like that which will get people's backs up and instead of compromising and reaching a solution they will get aggressive back at you and not offer a solution as they will prefer a battle instead.About deposit - i can sue my TA as i own cit loan note which been signed by manager of my TA when i paid cash..When some signed such "thing" doesn't take any responsibility regarding my deposit?
Goodbye, good luck with your attitude0
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