Tenancy Deposit Scheme/section 21 penalty

Captain_Mainwaring_2

PasturesNew wrote: »

Even those that are mortgageable find the properties they could have afforded have been snapped up by LLs

It hardly justifies a reply except to say :- rubbish.

Captain_Mainwaring_2

barnaby-bear wrote: »

And usually people have to find the deposit for the new rental before getting the original back which can be an obstacle....

Not being horrible mate - OK cobblers to it - being horrible.

We have had to budget our kids, blah blah blah love is blind, God given right blah blah blah, and we could only afford two kids in the UK, as much as we wanted another it had to wait until......

We bu66ered off.

Same principle it would seem as the great big TV, and kids rae not cheap. Still, everyone has a free choice, just don't expect the tax payer/LL to subsidise it.

Tassotti

Bad day Captain?

Captain_Mainwaring_2

barnaby-bear wrote: »

Because council/HA accommodation is practically the only accommodation available with decent tenure as ASTs are rubbish. Given she has kids and schools to consider and a local job some stability is probably desirable. If she wants properly tenured accommodation conducive to stable family life and can not afford to buy the council/HA is probably her best option. She has already said she has had no success finding privately rented so far. Where I live most landlord's do not allow children or pets and it can be very difficult to find somewhere especially on a limited budget in a two month period.

Change the flaming record.

I had to wait a bit, I have bloody kids and schools to consider too you know?

We keep hearing limited budget, but as I have asked , what about the partner/husband or whatever? is that really how tight it is? See when I was up against the wall, kids and a wife had to take a back burner until I stopped Drakes Bailiffs knocking on the door - It took a little while, but they don't knock now, and I learned a valuable lesson.

Captain_Mainwaring_2

Tassotti wrote: »

Bad day Captain?

No worse than yours my old son when Clutton gave you the hump...

To be honest I would love to drop a bloody great bomb on the "I owe loads of money but don't see why I should pay it" part of this forum, it creates a very negative attitude for those that also suffer but pay their bills at the expense of a few luxuries (silly eh) - take a read through at some of the pap that people write expecting bloody sympathy - gives me the right hump it does.

Tassotti

some people just don't give a monkeys!!!

Mo money Mo problems.....

I 'earn' 12k per month but still am skint...

Whats that all about?

Captain_Mainwaring_2

And I've got a mosi bite the size of Portsmouth on my Harris - the !!!!!! must have got me when I was ... well it doesn't matter what I was doing.

I wish I could be so reticent about being potless - it worried me sick a long time ago, but I got sorted.

Mate of mine said the same, and he is on about £225 a day contract - "when its gone the I'll worry about it" - OK, he is on his 2nd wife and 2nd repo, but it doesn't stop the holidays and the pub, I wonder who the fool is though?

Tassotti

I might just declare myself bakrupt writing off 6.5 million...

Wait a year and do it again

Why not eh? seems like everyone else does

clutton_2

Whenever the subject of Section 21s, notice to quit, homelessness, and housing policy comes up on this board, several posters seem to launch into their usual "anti-tenant" tirade against a poster who is in difficult circumstances in rented accommodation and who has come here for help.

Stop it - please

These attacks on tenants with problems seem to be become more vicious and personal and i can see no reason for it at all.

The current homelessness housing policy IS draconian, because the Right To Buy policy of Margaret Thatcher now means there is a wholly insufficient supply of local authority/housing association properties available. This situation is bound to get worse and worse as the demand for rented accommodation increases with the credit crunch making mortgage more difficult to obtain.

If a family gets into arrears in rented accommodation, they do run the risk of being evicted, as they are breaking the legally binding contract they signed to pay the rent.

Most decent landlords understand that almost the entire population gets into a financial mess at least once in a lifetime - and most decent landlords will be amenable to a bit of give and take.

However - lets try and put ourselves in the OPs position - if your family has to be evicted - can ANY of the snarling posters in this thread assure us that they would just walk out of their rented accommodation before a court order arrives - thus making themselves voluntarily homeless and therefore "unhouseable" ??

Would YOU put your belongings in a shed, gather your kids and carrier bags full of clothes and sit in a bus shelter - knowing that your kids will be taken into care ??

Would you ?

You should not be ranting at tenants - nor ranting at LLS - you should be ranting at local authorities whose policies make "Cathy Come Home" look like a picnic ........

The public is not aware of these draconian interpretations of "voluntarily homeless" - they will only become aware when they get evicted or repossesed - and by that time they are too ground down and weary and ashamed to want to make a fight about it all

We may not like the fact that LLs have to go to court to get a tenant out - but - if you chose to become a LL - you should have done enough research to know that these eviction processes (and the costs involved) were part of the risks of this particular business.

As for those who think that decent LLs like myself should not inform tenants on here about their rights - SHAME ON YOU

If you ran a successful, legal and ethical business - it would not bother you if tenants knew their rights

We live in a democracy and everyone has the right to "know their rights" whether it be Tenant and Landlords legislation, Consumer Law, or Taxation Law -

so i will continue to assist tenants in trouble as best i can.

those of you who read here regularly do know that i am also a LL who will criticise a tenant who tries to take the mickey

i am amazed that our OP is still on here - good on ya gal - dont let the bullies grind you down

tbs624

mrswoodx wrote: »

I would be extremely grateful if you could advise me on the following matter:
We are a married couple with 2 children, renting from a private Landlord in Cleveleys, Lancashire. 5 months into the tenancy I fell ill and lost my job, subsequently we fell into £285 arrears. We were givena section 21 notice but we then found out he hadn't protected our bond and as a penanlty was unable to serve the section 21. Within a matter of days he did protect our bond, in order to serve us a section 21, which he did a day after protecting our bond, 5months after he recieved it. My questions is, can he do this? It seems unfair that Landlords can protect the bond on a need-to basis and not lose any rights themselves. Please advise on this matter if at all possible...........

Lisa - unless I've missed it you do not say how long the Fixed Term of your contract is?
Does the contract have a break clause?

A S21 notice is effectively confirmation that the LL intends to regain possession at the end of your Fixed Term.

It also needs to be dated correctly for it to be valid.

The short period of time in which you were regrettably in arrears should not really be sufficient for a notice using rent arrears as Grounds, particularly given your circumstances & the fact that you cleared it asap.

You say that the deposit has now been registered - have you been given the full info on which scheme has been used?

Please ring the local council's private sector team in the housing dept and ask for an urgent appt with the Tenancy Relations Officer.His/her help is free - they are busy people because such tales are sadly not uncommon but do persevere. Keep all communications with the LL in writing from now on, rec delivery and copy kept.

Please don't take the unpleasant posts on here to heart - it just part of life on public forums - you can stick these posters on your ignore list. Go into User CP and its there on the left at the bottom - add to ignore list ( you can also add nice people to your buddy list at a later stage;))

---

Clutton - well done - good post:D