TDS Questions

Captain_Mainwaring_2

clutton wrote: »

""as it stands any herbert can turn round and go on a crusade out of spite knowing that they can't lose"

just not so - if you get legal aid, and you win the case you must repay your legal costs our of your award - in effect Legal Aid becomes a loan

this even applies to folks injured in for example car accidents via uninsured drivers, they get an award, then the Benefits Agency can reclaim all the disability benefit they have received while preparing the case ....

not quite as "easy peasy" as you suggest MMR

The flaw in your plan is the !!!!!!s who lose, who pays for that then? If you win then you will be awarded costs which will pay back the legal aid award.

For the mostpart legal aid does not go to where it would do most good.

Captain_Mainwaring_2

teeni wrote: »

You beat me to it clutton

Also you have to have sufficient merit in your argument to entitle you to legal aid in the first place. so any old herbert CANNOT go on a crusade at the expence of Joe Public.

I've seen how legal aid has been doled out in the past.

http://www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp

Try it, half the country can get legal aid.

Face it, if someone is smart enough to want to nail a LL to the floor, then they should be smart enough to fill the forms in for presentation to the court.

Out of interest, what happens when the rent is paid as housing benefit? who gets the bubble back then? I bet there isn't a statutory instrument in place to ensure that in this case the "winnings" have to be returned to the council.

This is nothing to do with protecting deposits, it's a handy tax collection scheme, with a bonus paid for by the LL to ensure that the tenant forces information.

teeni

Captain_Mainwaring wrote: »

I've seen how legal aid has been doled out in the past.

http://www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp

Try it, half the country can get legal aid.

Face it, if someone is smart enough to want to nail a LL to the floor, then they should be smart enough to fill the forms in for presentation to the court.

Out of interest, what happens when the rent is paid as housing benefit? who gets the bubble back then? I bet there isn't a statutory instrument in place to ensure that in this case the "winnings" have to be returned to the council.

This is nothing to do with protecting deposits, it's a handy tax collection scheme, with a bonus paid for by the LL to ensure that the tenant forces information.

Just because you meet the eligibility test for legal aid does not mean the case has merit that is not a test carried out by a tenant or a solicitor but by the legal aid board and no it is not perfect .

Not too sure what you mean about housing benefit can you explain please

clutton_2

""Out of interest, what happens when the rent is paid as housing benefit? who gets the bubble back then? I bet there isn't a statutory instrument in place to ensure that in this case the "winnings" have to be returned to the council.""

if a LL has been receiving HB from a tenant who it then transpires has been fraudulently claiming, the local authority will claw all monies paid FROM THE LANDLORD !!!!! - AND they do it every week in some council or other - never mind that the LL was in no position to KNOW if the tenant was defrauding - it simply works on "LLS have money, HB tenants dont - lets get our money whichever way we can - lets target the LL first"

teeni

clutton wrote: »

""Out of interest, what happens when the rent is paid as housing benefit? who gets the bubble back then? I bet there isn't a statutory instrument in place to ensure that in this case the "winnings" have to be returned to the council.""

if a LL has been receiving HB from a tenant who it then transpires has been fraudulently claiming, the local authority will claw all monies paid FROM THE LANDLORD !!!!! - AND they do it every week in some council or other - never mind that the LL was in no position to KNOW if the tenant was defrauding - it simply works on "LLS have money, HB tenants dont - lets get our money whichever way we can - lets target the LL first"

I would agree clutton this is wrong a landlord should not be penalised because his tenant is fraudulently claiming. however since the start of lha it should be less of a problem as housing benefit can only be recovered from the landlord if it is paid directly to them.

Will be interesting to see if this makes any difference in this matter

neverdespairgirl

Captain_Mainwaring wrote: »

Try it, half the country can get legal aid.

They can't. For a start, it's not available in lots of areas of law (such as PI or employment). Secondly, there's a merits test as well as a means test. Thirdly, in many areas of law it's now a serious struggle to find solicitors and counsel who will take legal aid cases. Fourthly, in some areas of law the CLS will put a charge on equity in a house, and it has to be paid back.

Captain_Mainwaring_2

clutton wrote: »

""Out of interest, what happens when the rent is paid as housing benefit? who gets the bubble back then? I bet there isn't a statutory instrument in place to ensure that in this case the "winnings" have to be returned to the council.""

if a LL has been receiving HB from a tenant who it then transpires has been fraudulently claiming, the local authority will claw all monies paid FROM THE LANDLORD !!!!! - AND they do it every week in some council or other - never mind that the LL was in no position to KNOW if the tenant was defrauding - it simply works on "LLS have money, HB tenants dont - lets get our money whichever way we can - lets target the LL first"

That's not what I said. Tenant claims HB, and is rents from LL, LL doesn't use scheme and tenant takes action, statutory damages are paid, surely these are returned to the council?? after all if the tenant has just received 4 months rent, then the won't be needing housing benefit will they?

Captain_Mainwaring_2

neverdespairgirl wrote: »

They can't. For a start, it's not available in lots of areas of law (such as PI or employment). Secondly, there's a merits test as well as a means test. Thirdly, in many areas of law it's now a serious struggle to find solicitors and counsel who will take legal aid cases. Fourthly, in some areas of law the CLS will put a charge on equity in a house, and it has to be paid back.

Please, Please don't.

There is always some lawyer with faded 70's wallpaper and yellow paintwork who smells vaguely of urine who will take these cases.

They won't be a charge on a renter will they??
Someone who has nothing, has nothing to lose.

Try and have a little click on the calculator.


"Working for a living? Don't be thick.
Act a bit silly, become a lunatic"

silvercar

Captain_Mainwaring wrote: »

That's not what I said. Tenant claims HB, and is rents from LL, LL doesn't use scheme and tenant takes action, statutory damages are paid, surely these are returned to the council?? after all if the tenant has just received 4 months rent, then the won't be needing housing benefit will they?

Its the tenant that has been wronged, it is the tenant's deposit that has been unprotected, its the tenant that gets the money.

If this money then takes the tenant over some threshold for benefit help, I presume their benefit would be reduced.

If the deposit came from the council, it would be for the council to sue.

Generally councils only provide bonds not deposits, which don't need protecting as money doesn't change hands.

Captain_Mainwaring_2

silvercar wrote: »

Its the tenant that has been wronged, it is the tenant's deposit that has been unprotected, its the tenant that gets the money.

If this money then takes the tenant over some threshold for benefit help, I presume their benefit would be reduced.

If the deposit came from the council, it would be for the council to sue.

Generally councils only provide bonds not deposits, which don't need protecting as money doesn't change hands.

What form does this bond take?

I ask, because maybe in the future this bond is the way to go to defeat this ridiculous legislation that is nothing more than a stealth way of collecting information.

Again I ask - surely if the tenant receives a payment that he ordinarily would not have as a result of receiving housing benefit, then surely the "fine" should be returned directly to the council? It's like buying a lottery ticket with stolen money.