Licence Agreement - Withholding Rent

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    #31
    Originally posted by Arteta View Post
    Yes but I haven't paid my last rent period yet. I could withhold most of it and let them sue me? Or will this appear negative in the courts and strip me of everything?
    I may not show you in your best light, but it wouldn't - as you put it - strip you of everything.

    Do I copy the letter from the link exactly, or do I have to explain that it's not a licence agreement?
    Maybe change the 2nd paragraph along the lines of:

    The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register AST tenancy deposits with one of 3 approved schemes. Despite its claims to be a license, my agreement forms an assured shorthold tenancy as defined in section 1(1) of the 1988 Housing Act (as amended).

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      #32
      Originally posted by Snorkerz View Post
      I may not show you in your best light, but it wouldn't - as you put it - strip you of everything.

      Maybe change the 2nd paragraph along the lines of:

      The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register AST tenancy deposits with one of 3 approved schemes. Despite its claims to be a license, my agreement forms an assured shorthold tenancy as defined in section 1(1) of the 1988 Housing Act (as amended).
      Thankyou for the edit.

      Well the company has kept my money illegally, so if I keep their and wait for them to sue me then surely it's equal?

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        #33
        Originally posted by Arteta View Post
        Thankyou for the edit.

        Well the company has kept my money illegally, so if I keep their and wait for them to sue me then surely it's equal?
        Not really, because you can't make the statement in bold until a judge makes that decision. However, I know where you are coming from. Two wrongs don't make a right though.

        Of course, not paying rent may result in eviction.

        Edit: Just to be pedantic, in this situation it would be unlawful, not illegal.

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          #34
          Well actually I'm only going to be here for another 2 months, so they haven't got long left to evict me, plus they have to give me notice. I reckon i'll be out before they evict me.

          I'll have to think about things, though i'll most likely pay the full rent to please the court. Then I'll take the company for as much as I can.
          If I didn't include anything about the licence agreement being a tenancy in the request for the deposit, they're more likely to ignore my request, but then in court would they get 'let off' for thinking it's a licence agreement because I didn't tell them that it's not?
          This way i'm more likely to get the £1,000 instead of the £250.

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            #35
            Snorky.

            Just a thought! As OP says, if he's only there for a couple of months then the LL does not have time to evict him, if, as seems possible, it is an AST then it would be to the OP's advantage to say nothing until his tenancy has finished. There would be no chance of the LL doing a 'late protection' then. What d'ya think?
            I offer no guarantee that anything I say is correct. wysiwyg

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              #36
              Originally posted by jta View Post
              Snorky.

              Just a thought! As OP says, if he's only there for a couple of months then the LL does not have time to evict him, if, as seems possible, it is an AST then it would be to the OP's advantage to say nothing until his tenancy has finished. There would be no chance of the LL doing a 'late protection' then. What d'ya think?
              I thought you had 2 weeks to protect the deposit. So surely he's already too late?

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                #37
                Originally posted by jta View Post
                Snorky.

                Just a thought! As OP says, if he's only there for a couple of months then the LL does not have time to evict him, if, as seems possible, it is an AST then it would be to the OP's advantage to say nothing until his tenancy has finished. There would be no chance of the LL doing a 'late protection' then. What d'ya think?
                Depends on the outcome of Potts v Densley & Pays.

                Originally posted by Arteta View Post
                I thought you had 2 weeks to protect the deposit. So surely he's already too late?
                Yes, but so long as the landlord gets it protected during the tenancy AND before the court hearing, the 3x penalty will not apply. The case above will decide if a landlord can protect the deposit after the end of the tenancy and still avoid 3x.

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                  #38
                  Originally posted by Snorkerz View Post
                  Depends on the outcome of Potts v Densley & Pays.

                  Yes, but so long as the landlord gets it protected during the tenancy AND before the court hearing, the 3x penalty will not apply. The case above will decide if a landlord can protect the deposit after the end of the tenancy and still avoid 3x.
                  So what are you saying?
                  Don't send them any letter until the end of the tenancy?

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                    #39
                    I have a new situation.
                    A few house mates are adamant they want to withhold £90 for the lack of internet we've had for the year out of the rent due in 2 weeks, as well as the £250 deposit. This means £340 per person. We may have as many as 35 people willing to do this. This will mean the company will get £11,900 less than they expected.

                    What are your thoughts on this? Dangerous ground?

                    If a lot of us can do it will they really take all of us to court?
                    If we just withhold £90 then they'll take it out of our deposits, so we have to take our deposits also and tell them to keep ours.

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