should my deposit be portected under tds??

tbs624

jenna0903 wrote: »

does anyone think I should just go ahead with small claims??:D or if I should hold off and let my landlord take me to court when her "notice" is up?

The thing is when she gave me notice back in April she said it was because she was putting house on market- which it is and which Im having to let strangers view the house. But she infomed on the letter I quoted earlier that she now has a new tennant arranged for 7th June when Im due to leave (I dont know if she really has) and if I dont move out she will apply for compensation for tennant not being able to move in on this date and also loss of rent earnings as new tennant will be paying a higher rent than what im currently paying....

Jenna - have you talked to the TRO? (Private sector team at Council's Housing Dept -tenancy relations officer) The LL cannot harass you into leaving and you maybe need to have some back up with this. Whilst you are a Tenant you have a legal right to "quiet enjoyment " of the property, and except in the case of emergency repairs/legally required gas checks etc you decide who comes into the property, and always at a time that is convenient to you.

Edit - sorry N79 hadn't seen your post before hitting "send"

N79

jenna0903 wrote: »

But she infomed on the letter I quoted earlier that she now has a new tennant arranged for 7th June when Im due to leave (I dont know if she really has) and if I dont move out she will apply for compensation for tennant not being able to move in on this date and also loss of rent earnings as new tennant will be paying a higher rent than what im currently paying....

While we are on the subject of demolishing your stupid LL, don't worry about this. If she has been dumb enough to sign a new contract without first ensuring vacant possession (ie by evicting you) then you are not responsible for her costs when the new tenant sues her.

It is entirely her fault. So don't let this worry you - you can not be held liable for huge amounts of money. You LL will have to shoulder those costs.

I mean this - the law is entirely on your side (with the exception of the deposit problem which is a grey area) so don't let you LL bully you.

N79

jenna0903

thanks for your advice- I must admit I am worried I dont just have myself and my partner to think about we also have a two year old child and im 4 and half months pregnant- I really hope this all works out!!!:o

N79

Your welcome.

When you LL launches into her next barrage of bullying feel free to check back for some reassurance.

Seriously though, I'm sorry to say this but she will eventually manage to evict you. Everything we have said today will only delay matters (and cost her money).

Assuming she tries to evict you after her supposed notice runs out, she will wait 3 months or so for a court date, get laughed out of court. Assume she then takes legal advice and serves proper notice that will give you another 2-3 months. She will then need to go to court to get an eviction order so that is another 3 months. It will then be a few months before the court actually evicts you so on her present form I would say that this is likely to take her at least 9-12 months, assuming she manages learn quickly from her mistakes.

Given this, you should probably give some thought to what you will do long term. If a great house becomes available while she is pratting about failing to evict you feel free to give your one months notice and leave.

N79

jenna0903

Thanks I will start looking asap, is it the same terms for a tennant to give notice does it have to be in writing or can it be verbal? is there a special letter I should use when the time comes?

N79

In writing, any form of words will do so long as the meaning is clear.

Technically, you should give notice to end with the end of a rent period so your notice should end on the 21st of the month. For example, if you gave notice now it would be for the 21st July as it is too late to serve notice for the 21st June.

In reality this is often ignored by LLs and Ts, especially where a LL just wants the tenant gone! However, it is probably best not to give your LL any grounds for complaint.

N79

Notlob

Hmmm, it is an interesting dilemma. I can see where the LL is coming from, likewise, your position is understandable.

Unless I am mistaken, part deposits cannot be protected, only the full amount. I previously contacted the DPS who advised that they can only protect one deposit per property!

This is my understanding:-

Deposits received prior to 6th April 2007 for tenancies starting after 6th April do not need to be protected. I guess the question is was the first payment considered a deposit within the meaning of the act, and I suspect no. If that is the case then upon receipt of the balance of funds to make up the deposit it will be treated as a deposit and as such the full amount needs to be protected.

There is though another grey area, deposits need to be protected within 14 days of receipt (in your case, the second payment) but only in connection with a tenancy, and I suspect this only applies when both parties have committed to the tenancy. So if both parties signed the agreement and it was dated before 6th April, then deposit does not need to be protected, even though the tenancy commenced after 6th April.

Notlob

Tori_Bellatrix

Do keep us updated Jenna ... and post back if you have any more questions .. :T

jenna0903

Thanks I will do

sooz

Jen,

I saw your post on Landlordzone. Could you clarify if it was you or your LL who gave verbal notice.

If you gave notice, I would think that the deposit protection (or lack of) has no impact on the validity of your notice to her.