Tenancy Deposit - Multiple breaches/claims

Slithery

Josh1u wrote: »

My guess is that it won't go to court anyway.

That's the first thing that you've said that I agree with. Filling out those forms correctly can be hard work.

Josh1u

Slithery, you'd be better advised to go troll people on social media rather than on MoneySavingExpert.

With regards to entry into a property, you can refuse entry to your rented property at ANY time, as a tenant, unless the entry is required in an emergency, for emergency repairs or for a gas certificate.

Statutory law trumps that of contract law in this regard, so whatever your contract says about inspections or rights of entry, if you as a tenant have said that there can be no entry, then, with the exceptions above, any attempt at entry is illegal and is trespass. Even if it is the property owner entering the property. When they rent it out, they give up that right to entry. If they want entry and it is refused, then they must take action to evict the tenant before they can enter the property legally, again with the exceptions above.

Experienced housing advisors at the council have told me, in detail, the law on this.

Inspections are not a legal requirement.

I trust the advice of the barristers, Shelter, and the legal text on taking the letting agents to court.

anselld

Josh1u wrote: »

I trust the advice of the barristers, Shelter, and the legal text on taking the letting agents to court.

Why are you asking anything on here then?

Cakeguts

You can basically take anyone you like to court. The reason that many people don't do this is because they know that if they lose they could be awarded the costs of the person they took to court.

G_M

You have clearly taken professional advice on this matter.

From two barristers, from Shelter, and from 'experienced housing advisors at the council'.

We here are not professionals. We don't get paid, and are not trained (most of us anyway).

Some of us do, to a greater or lesser extent, have experience in these matters which we are happy to share, along with our time, and hopefully tenants (and landlords) do get some benefit from the voluntary and amateur advice and information we provide.

But given you have been to professionals, and given that you are confident in the advice those professionals have given you, you are just wasting the time of the well-meaning individuals here who have tried to help you.

That is just plain sefish.

Am I being rude? Perhaps. Is that justified? You and others can judge.

HampshireH

Agree with G_M

Why are you wasting everybodies time if you know all the answers.:think::wall:

Hasbeen

Interesting thread, lots of good advice.


Hope the OP has his day in court, and when the verdict is reached and his team of legal experts file past handing him their bills, he will be able to come back with the outcome.

Annoyed_Barclays_Customer

I have been looking through the forum, we are letting a house again and the estate agent now does not want to push a deposit, they will charge me £110 PLUS VAT if a tenant takes the property and they then transfer the deposit over to DPS, but, if the tenant pay the insurance policy of around £140 there is no physical deposit and no extra charge to me, the big thing that I absolutely detest is they are forcing you down the road of a financial product, the tenant looses the money at the end of the tenancy but if there is any dispute there is a high possibi lity of fees both the tenant and landlord have to pay for arbitration, unlike the deposit scheme where any disputes are not charged..... I am extremely uneasy about any scheme like this, I do understand that all the fees you have to find when you are looking to rent are quite high all in one go, but, any new financial product that leaves you wide open for possible costs at the end just seems grim.... any views?

Wanderingpomm

Josh1u wrote: »

So, the deposit was paid on 6th March 2013. The tenancy of the property began on 12th March 2013. The deposit was lodged with the deposit scheme on 16th April 2013. There was no prescribed information provided.

In September that year, March the next year, September the next year, and March the year after that, I signed a new tenancy agreement. Not a renewal. It wasn't just 'I agree to continue this contract'. It was a completely new agreement.

The tenancy of the flat has not ended. But the tenancy agreements have ended. As it is contract law, there is a six year limitation to make a claim from any breach of law.

I have seen the same argument that I can claim up to six years after moving out - which would be ideal - but it seems to be rarely suggested. In fact, most resources say the claim must be made within six years of the breach.

So, as long as for each of those new tenancies you received your deposit back and then paid it again you will have a case for it being a new tenancy. If it rolled over you will not.

G_M

Originally Posted by Annoyed Barclays Customer
I have been looking through the forum, we are letting a house again and the estate agent now does not want to push a deposit, they will charge me £110 PLUS VAT if a tenant takes the property and they then transfer the deposit over to DPS, but, if the tenant pay the insurance policy of around £140 there is no physical deposit and no extra charge to me, the big thing that I absolutely detest is they are forcing you down the road of a financial product, the tenant looses the money at the end of the tenancy but if there is any dispute there is a high possibi lity of fees both the tenant and landlord have to pay for arbitration, unlike the deposit scheme where any disputes are not charged..... I am extremely uneasy about any scheme like this, I do understand that all the fees you have to find when you are looking to rent are quite high all in one go, but, any new financial product that leaves you wide open for possible costs at the end just seems grim.... any views?

You are a landlord. The agent works for you.

Make your own decisions and instruct your agent to act accordingly.

If the agent refuses, or is reluctant and pushes a different course of action, find an agent who will do what you pay them to do.

* Letting agents: how should a landlord select or sack?


ps - better to start your own thread than hijack someone else's - albeit a poster who has gone awol (thank goodness!)