Recommendation - no win no fee solicitor

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    #31
    People should not be suing at every opportunity, imo. Litigation must always be a last resort. A penalty is intended to be a deterrent but as compensation these amounts are disproportionate to the damage caused.Just IMO...

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      #32
      Originally posted by Flowery View Post

      I am desperately trying to find somewhere to live, but it is not easy. Again and again I have gone after properties and within hours they have had over twenty applications. One house had 19 applications in under one hour. Another was posted in the evening and at 9.15am I contacted the agent and they had already received 16 applications. There is a desperate need for more rental properties, especially for people that have a pet.
      I do sympathise. That's a problem for our politicians, I think, but a 3-year minimum tenancy ain't gonna help one iota, just the reverse. Sorry, that's a bit off-topic. Good luck with your search.

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        #33
        Originally posted by RayG View Post
        People should not be suing at every opportunity, imo. Litigation must always be a last resort. A penalty is intended to be a deterrent but as compensation these amounts are disproportionate to the damage caused.Just IMO...
        I disagree: if landlords think they can just disregard the law then why should tenants adhere to it? It causes a lot of stress not knowing what is happening to your deposit, or if you will even get it back should you come to move out. Many years ago I paid 6 months rent up front on a property. Unbeknownst to me the landlord was about to have the property repossessed. He walked away with my money and I was thrown out despite having paid the rent. Sadly there are plenty of bad landlords just as there are bad tenants. Both sides should stick to the agreement and then there is no problem. If either side doesn't stick to it then they should be penalised.

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          #34
          Originally posted by RayG View Post

          I do sympathise. That's a problem for our politicians, I think, but a 3-year minimum tenancy ain't gonna help one iota, just the reverse. Sorry, that's a bit off-topic. Good luck with your search.
          Thanks. And I agree about the 3 year tenancy: I think it will put a lot of landlords off and take properties out of the market where the landlord just wants to let the property for a short period of time.

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            #35
            Originally posted by Flowery View Post

            Thanks. And I agree about the 3 year tenancy: I think it will put a lot of landlords off and take properties out of the market where the landlord just wants to let the property for a short period of time.
            Yes, the facility for longer ASTs already exists and it is up to the tenant to negotiate an agreement which suits their needs. Or sign for 6m and once the LL is happy that you are a good prospect ask for a longer AST. LLs and tenants alike should see the initial 6m as a trial period.

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              #36
              Originally posted by RayG View Post
              People should not be suing at every opportunity, imo. Litigation must always be a last resort. A penalty is intended to be a deterrent but as compensation these amounts are disproportionate to the damage caused.Just IMO...
              The penalty works as it does specifically to encourage tenants to police the requirement to protect the deposit.

              The specific damage to a tenant of not protecting the deposit may be zero (or it might be a lot - the schemes provide a dispute resolution service which is otherwise unavailable).
              The general harm of not protecting deposits is much higher - many landlords used to regard the deposit as additional income. So the penalty is to "encourage" landlords to comply and to encourage tenants not to let it pass.

              It's described as a penalty specifically because it is not intended to compensate for loss and is, therefore, not neccessarily proportionate.
              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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                #37
                Originally posted by jpkeates View Post
                The penalty works as it does specifically to encourage tenants to police the requirement to protect the deposit.

                The specific damage to a tenant of not protecting the deposit may be zero (or it might be a lot - the schemes provide a dispute resolution service which is otherwise unavailable).
                The general harm of not protecting deposits is much higher - many landlords used to regard the deposit as additional income. So the penalty is to "encourage" landlords to comply and to encourage tenants not to let it pass.

                It's described as a penalty specifically because it is not intended to compensate for loss and is, therefore, not neccessarily proportionate.
                Good analysis, jpkeates. Parliament's intention was to root out LLs' abuses of the system, which it has largely done. I support the principle, of course... if not the idea that tenants should see the rules as a nice little earner when a LL transgresses.

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                  #38
                  Originally posted by RayG View Post

                  Good analysis, jpkeates. Parliament's intention was to root out LLs' abuses of the system, which it has largely done. I support the principle, of course... if not the idea that tenants should see the rules as a nice little earner when a LL transgresses.
                  If landlords don't want a tenant to make money off them there is a simple solution: abide by the law.

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                    #39
                    Originally posted by RayG View Post

                    Good analysis, jpkeates. Parliament's intention was to root out LLs' abuses of the system, which it has largely done. I support the principle, of course... if not the idea that tenants should see the rules as a nice little earner when a LL transgresses.
                    Personally I'd prefer the penalty to be higher and for it to go to the local council.
                    It would allow councils to make money from their enforcement activity - which currently costs them to enforce.

                    And the current mechanism in favour of tenants simply encourages no win no fee claims, because the actual legal process isn't that simple.
                    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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                      #40
                      If suitable property to rent in your area is as scarce as you say, you'd probably do much better sorting out a mutually constructive relationship with your existing landlord than trying to make money out of him but ending up on the street.

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                        #41
                        Originally posted by StuartH View Post
                        If suitable property to rent in your area is as scarce as you say, you'd probably do much better sorting out a mutually constructive relationship with your existing landlord than trying to make money out of him but ending up on the street.
                        The landlord has plans for the property that don't include renting it out so I am unable to stay.

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                          #42
                          It is obvious that you are a responsible and caring tenant, Flowery. A 'relationship' tenancy is what we all as responsible LLs want. Tenants too, if they are serious. I have had one bad one in 20 years and it does leave scars. I never imagined it would come to a S21 and an eviction which local councils, by their homelessness policies, encourage. Ghastly business.

                          These days, compliance is vital. The govt's series of guides for LLs and tenants are very explicit and worth reading. Very good luck and I hope you find that 'relationship' landlord.

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                            #43
                            The problem with the goverment guides is that they are all about England and there is little info on Wales - what info there is is frequently misleading because they fail to differentiate between the two countries. There are also lots of websites giving out the wrong info for Wales such as this one: https://www.rocketlawyer.co.uk/artic...s-checklist.rl It all makes it very difficult for anyone in Wales and it is little wonder that there is so much confusion.

                            Thanks you for offering me good luck: I need all the luck I can get at the moment!

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