Landlord switching from agency to self managed - rules?

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    #31
    Hi Everyone,

    So update - I called TDS because man, this was confusing (let along stressing) me. I learned the LL called them yesterday, claimed he hadn't been informed of ADR and they confirmed this. In this case the ADR notification went from LA to LL and that did not happen as it should. So, okay - we got that part cleared up.

    LL has until Monday (4 days from this post) to submit evidence or refuse ADR. We can then go to court or settle, however we can also up until 29-Sept chose to mutually reopen ADR. So that is now known.

    If LL lapses in response from Monday then ADR continues as it was.

    TDS now holds the deposit so it will distribute at point of ADR resolution (if it goes there), settlement agreement, or court.

    Update you guys on what happens next - hope this might be helping people out.

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      #32
      Update - this morning we learned LL has refused ADR. We now have to attempt settlement, re-open ADR by mutual agreement, or head to court.

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        #33
        In this case, I would send a letter before action demanding the entire deposit be returned (unless you want to offer something to the landlord you are content with), give a deadline of a fortnight after which you will take legal action without further notice.

        I would go and sign up with Money Claim Online and, after the fortnight, simply make a small claim online.

        No point in cycling round the same issues over and over again.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #34
          Thanks. I'm thinking along those lines. I'm willing to let this go out a bit more so that should the LL want to return to ADR before additional money gets involved they should have the chance.

          Having think about it today before I go official in response to them. They do know where we live and seem to want to skirt all general and proper rules!

          Comment


            #35
            Always best to leave it for a bit.
            But there's no downside to the landlord just to sit on your money and the threat of legal action doesn't seem disproportionate to me at this point.


            But it's easy to be tough online!
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #36
              Just send the letter per jpkeates. Include you're willing to reopen ADR if you want. You don't actually have to issue the court claim immediately, but sending the letter may well get the landlord to change their mind.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #37
                Most definitely agree.

                I was looking at timelines - we have until end of September on the ADR, then through Feb on settlement or court before TDS may step in and hand us back the money - and wash their hands of this situation as well.

                So far the LA has walked by handing the deposit to TDS, so we're completed with that group.

                I'll keep everyone updated.

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