Tenancy Deposit Scheme/section 21 penalty

Captain_Mainwaring_2

mrswoodx wrote: »

To point out, I was £285 in arrears for 3 weeks only, the arrears were cleared the following month. That was the begginning of the fall out between ourselves and our landlord.

Then with due respect i'd suggest there was more - one of my current tenants told me that he would like to delay payment ( and I didn't want to know why), he was a good tenant and the answer was of course yes. Nobody kicks out a good tenant who is honest over £285.

You have to understand that particularly with this new national lottery for tenants act that LL's really only want to collect their money every month. I'd say he had been hard if you didn't let him know there was a problem, but otherwise.... a tenant who cannot finance beyond a month is a potential problem.

sooz

What no-one has mentioned is that if he didn't give you the prescribed details of the deposit scheme within 14 days of getting your deposit (which he can't have done if he only registered it now) you can claim 3 times your deposit back.

I'd move out anyway, you can't communicate with your LL, he hasn't followed correct procedure regarding the deposit, or serving notice (the first time atleast). Why would you want to stay? Find a better LL.

Did you talk to him before & during the arrears, & let him know that there was a problem?

A LL doesn't need any reason to serve a section 21. As long as your fixed term has ended (or is due to end at the same time as the notice) he can give you two months. That is plently of time to find somewhere new.

Start your claim for 3x the deposit BEFORE you move out though.

Captain_Mainwaring_2

barnaby-bear wrote: »

If you can not find accommodation you will not be homeless, you do not have to leave when the notice date arrives. If you stay put the LL will have to evict you. Some councils require it to happen like this if you want to be eligible for council housing (i.e. if you leave when section 21 runs out then can be deemed intentionally homeless - you must stay upto date with rent so LL can not say evicted because of arrears) - which long term would be more ideal (stable tenure) given you have a family, ASTs and their short notice are not suitable for families and it might well be worth a shot trying for council/HA properties.

For the love of God, here we go again.

Have a bit of pride.

mrswoodx

Thankyou very much for your advice, i will take it onboard. THANKU

barnaby-bear

Captain_Mainwaring wrote: »

That I'm sorry about - but life goes on.

Actually it can be very difficult for people to get on with their lives without stable accommodation. ASTs and their lack on tenure are a huge problem, in some areas it's difficult to find accommodation that will take children at all, let alone in an area to avoid moving school. She obviously had a huge run of bad luck quickly and short term cash flow issue rather than head in sand long term not paying the rent. If an owner occupier had such issues the mortgage company would be fine with a 3 week late payment. One falling out with a LL and lack of references can cause huge problems finding anywhere to live. It would take a long while for the section 21 to be enacted by a court as they would try to give her as long as possible to find somewhere else rather than see the kids on the street. The rent arrears happened the falling out with the LL has - what precisely should she do just leave with nowhere to go?

barnaby-bear

Captain_Mainwaring wrote: »

For the love of God, here we go again.

Have a bit of pride.

Most western countries have regulated rental markets to protect people's tenure which is why in Germany/Europe renting is much more attractive.... same for the USA. The LLs here have a very easy ride of it with regard to rent regulation and tenure. If it's a choice between having nowhere to house her kids and staying put with a better option of long term tenure what other choice does she have. LLs generally have the benefits of the lax regulation and she should pay rent while there.

Captain_Mainwaring_2

barnaby-bear wrote: »

Actually it can be very difficult for people to get on with their lives without stable accommodation. ASTs and their lack on tenure are a huge problem, in some areas it's difficult to find accommodation that will take children at all, let alone in an area to avoid moving school. She obviously had a huge run of bad luck quickly and short term cash flow issue rather than head in sand long term not paying the rent. If an owner occupier had such issues the mortgage company would be fine with a 3 week late payment. One falling out with a LL and lack of references can cause huge problems finding anywhere to live. It would take a long while for the section 21 to be enacted by a court as they would try to give her as long as possible to find somewhere else rather than see the kids on the street. The rent arrears happened the falling out with the LL has - what precisely should she do just leave with nowhere to go?

Some people, however kind hearted are LL's not registered charities.

I've got bloody toothache, but don't ring up the tenant at 2.00am and tell him.

I'd suggest that if building societies are more flexible than LL's then the tenant takes the plunge and buys a house, then they just ring up and tell the BS, and don't risk action by the LL.

Stable accomodation is accomodation that you have bought and can service the loan an other expenses on, anything else is transient.

mrswoodx

sooz wrote: »

What no-one has mentioned is that if he didn't give you the prescribed details of the deposit scheme within 14 days of getting your deposit (which he can't have done if he only registered it now) you can claim 3 times your deposit back.

I'd move out anyway, you can't communicate with your LL, he hasn't followed correct procedure regarding the deposit, or serving notice (the first time atleast). Why would you want to stay? Find a better LL.

Did you talk to him before & during the arrears, & let him know that there was a problem?

A LL doesn't need any reason to serve a section 21. As long as your fixed term has ended (or is due to end at the same time as the notice) he can give you two months. That is plently of time to find somewhere new.

Start your claim for 3x the deposit BEFORE you move out though.

Thankyou, I was honest with him from the start, his wife was understanding but he just didnt want to know. I am definately looking to move asap but struggling to get somewhere. I am aware of the penalties for failing to protect the bond, when we asked him to protect the bond this made things worse, but he did it in order to use the section 21. I guess I'll just have to try and sort something, thanks for your advice!

barnaby-bear

Captain_Mainwaring wrote: »

Then with due respect i'd suggest there was more - one of my current tenants told me that he would like to delay payment ( and I didn't want to know why), he was a good tenant and the answer was of course yes. Nobody kicks out a good tenant who is honest over £285.

Most people wouldn't but I have come accross one or two meglamaniacal BTLers who have lost the plot with their empires.... the type who let themselves in, expect cushions to be plumped on specific days, think because it's their property they can dictate how tenants live and have unfettered access.

mrswoodx

You are not advising me as I requested, you are just abusing me and basically making me feel like the scum of the earth. Hope you feel better for it.