AST Deposit / Tenancy Agreement Help

Lord_Baltimore

mrginge wrote: »

Rather than starting off by threatening court action, why not just ask the landlord first?

I agree. Relax and talk to the bloke. Be firm about your position so he knows you're 'armed'. You could save yourselves a lot of unnecessary delay and aggro by simply agreeing a solution.

G_M

Guest101 wrote: »

If you have no address. Stop paying rent. Then when contacted, tell them you need an address.

Can't remember the Act ( bet G_M does ), but it's perfectly legal. Keep the rent to reimburse the LL once you have the address.

Landlord and Tenant Act 1987

48 Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.
(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

G_M

Mwesty wrote: »

I've wrote a letter for the LL.

Does this look correct, and is there any changes needed?


I refer to our joint tenancy dated xx/12/2009 for which a deposit of £670,[STRIKE] which[/STRIKE] was paid to you on xx December 2009. I understand that this [STRIKE]has not been[/STRIKE]was not protected with any of the three government authorised tenancy deposit schemes, in breach of the tenancy deposit regulations (Housing Act 2004, Localism Act 2011 & Deregulation Act 2015).

The penalty for this breach [STRIKE]The regulations provide for my deposit to be protected within 30 days after it was paid to you and for the information prescribed by the regulations to be served on me also within 30 days.
In view of your breach of the tenancy deposit regulations, I am now entitled to go to court for an order that the deposit be refunded to me, and an order that you pay me[/STRIKE], in addition to the return of the deposit, is a sum of money not less than the amount of the deposit, and not more than three times the amount of the deposit (Housing Act 2004 section 214(3) and (4) as amended).

[STRIKE]The[/STRIKE]On 08/10/14 [??] the current tenancy agreement with xx was created (expiry date 7th October 2015). A deposit is also held and this too has not been protected, again breaching the leglislation. A similar penalty applies in relation to this 2nd tenancy deposit.

My wife, xx, now wishes to surrender her current tenancy early, on 6th July 2015 (6th??? 7th???)

In light of the[STRIKE] current [/STRIKE]overall situation, and in the interests of reaching an amicable agreement to our mutual benefit, I am proposing that you accept an early surrender of my wife's tenancy on 6th July, that you retain her deposit of £x00 in lieu of the rent due on 6th June, and that all liabilities cease as of 7th July.[STRIKE] vacates the property on the 6th July 2015 with the tenancy agreement null and void. Given the deposit is withheld, I propose the rent due on the 7th June 2015 is NOT payable.
If this is not agreeable, I will be making an application to go to court, I will be providing a copy of this letter to the Judge and asking him to exercise his discretion to award me the £670 deposit and full penalty of three times the deposit sum (£2010).
[/STRIKE]

I trust you will find this proposal acceptable, thus avoiding the necessity for any legal action. If so, kindly confirm your acceptance in writing to my wife within the next 7 days.
[STRIKE]I would hope that you agree to the overleaf proposition given your negligence and the tenants we have been over the years. We have never missed a payment and looked after your property as though it was our own. When decorating or minor repairs have been required, we haven’t chased you but rather paid out of our own expense.[/STRIKE]

[STRIKE]I’m[/STRIKE]My wife will, of course, be happy to allow viewings of potential tenants at agreed hours [STRIKE]with xx[/STRIKE] during the last 7 days of the tenure (29th June – 6th July).
[STRIKE]
Please respond in writing within 7 days to {rented property address}.`[/STRIKE]

Yours faithfully

but I agree with others that it is preferable to reach an agreement along these lines amicable if you can, and ony resort to writing where discussion fails.

Of course, after any verbal agreement is reached, then yes, get it confirmed in writing.

Mwesty

I agree it's always going to be best to sort something out verbally before threatening any kind of court action. The LL I'm sure will feel he's had a huge let of as he could of potentially been sued for 6 x the deposit amount (2 claims).. And although that money would come in extremely handy to help clear some debts, it's not really fair.

I'll probably have no choice but to send that amended letter above (thank you G_M - really appreciate the time you've spent on this thread) as it's always been a nightmare in the past trying to get hold of him on the phone.