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Deposit Not Secured - No GSC - Potentially Unathorised Tenants

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24

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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    dimbo61 wrote: »
    Good Luck on your compensation claim for WHAT ?
    Have you suffered any financial loss ?
    You will get 1x your deposit when you leave and good luck in getting any more.

    It's not compensation it's a penalty for playing fast and loose with the tenant's money and is easily avoidable. 30 days is more than sufficient to register a deposit.

    You have no idea how much a judge might award other than it will be between 1 to 3 times the deposit. I have seen a case where a deposit was protected late and the tenant was awarded 2 times the value of the deposit.

    :money:
  • Mantle123
    Mantle123 Posts: 4 Newbie
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    @dimbo61
    Thanks for your reply.
    Sorry for the confusion; I wasn’t implying that my landlord should service our boiler - it was the boiler needing a service that reminded me of the GSC.
    And I’m struggling to find any legislation that show that it’s the tenants responsibility to remind the landlord to get a GSC, as opposed to the Landlord being responsible for arranging this.
    Again, we’re relatively new to renting, so apologies if this is a rookie mistake, just wanting some advice on how best to get it sorted.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Wanderingpomm wrote: »
    That may be the law but they very rarely do it. Usually if the landlord puts it in as soon as reminded they get a slap on the wrist. As he put it in before being taken to court the tenants are on shakey ground.
    Sorry that's nonsense - the law is clear 1-3x the value of the deposit.
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    edited 17 August 2018 at 3:54PM
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    You played the deposit card too soon :(

    Mantle123 wrote: »
    @dimbo61
    Thanks for your reply.
    And I!!!8217;m struggling to find any legislation that show that it!!!8217;s the tenants responsibility to remind the landlord to get a GSC, as opposed to the Landlord being responsible for arranging this.
    Again, we!!!8217;re relatively new to renting, so apologies if this is a rookie mistake, just wanting some advice on how best to get it sorted.

    That's because it isn't, landlord start the business - they are the ones that should know and follow the law/requirements. It's not the tenants that should remind them GSC is due ot anything else.

    It's not one day I will rent my house out and receive £X monthly and do nothing.
  • eddddy
    eddddy Posts: 16,441 Forumite
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    Mantle123 wrote: »
    My girlfriend especially is worried of the mortgage company essentially throwing us out, although I'm aware this is extremely unlikely.

    In which case, it wouldn't be sensible to do this:
    Mantle123 wrote: »
    Should I inform his mortgage company that he’s been letting his property to us, seemingly without their knowledge?
  • stator
    stator Posts: 7,441 Forumite
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    If you want to stay there or if you want a reference when you move out, then just concentrate on getting the gas safety inspections and any other legal requirements met.
    If your deposit is now protected and you want to carry on living there, forget about the previous non-protection. You can't expect to stay on good terms with your landlord if you are taking him to court.
    Changing the world, one sarcastic comment at a time.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 18 August 2018 at 5:50AM
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    1) Gas Safety.
    A polite letter, or phone call followed by letter, was all that was needed. Why antagonise?
    As last resort, there's a HSE form tenants can use to report landlords - but that's a last resort

    2) deposit
    Why mention it to the landlord at all? Lack of protection gives the tenant huge extra security from eviction. And the penalty can be applied for at any time. 6 years. So again, why do it now and antagnise the LL?


    3) Mortgage
    Letters coming to the property may indicate lack of CTL, but may not.
    Even if there's no CTL, the tenancy is fine
    it only becomes an issue if the lender actually repossesses.
    And even then there's leglislation to protect the tenant

    Why stir things up by informing the lender.....?


    Totally over-the-top and premature actions!
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Mantle123 wrote: »
    Firstly, have I done the right thing?.....
    No.
    You've gone in too heavy handed, too soon, without asking us first :)

    While your points are all valid ... you've opened up that china shop door and given the bull a huge shove.
  • G_M
    G_M Posts: 51,977 Forumite
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    PasturesNew wrote: »
    No.
    You've gone in too heavy handed, too soon, without asking us first :)

    While your points are all valid ... you've opened up that china shop door and given the bull a huge shove.
    Perfect analogy!
  • Wanderingpomm
    Wanderingpomm Posts: 524 Forumite
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    Comms69 wrote: »
    Sorry that's nonsense - the law is clear 1-3x the value of the deposit.

    The law says this:

    If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:

    repay it to you
    pay it into a TDP scheme’s bank account within 14 days
    The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.
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