I did not use tenancy deposit scheme help !

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    #16
    Originally posted by Morton579 View Post
    then there can only be one tenancy involving the deposit regardless of whether you renewed the contract or not.
    A "renewal" is a new distinct tenancy.
    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.

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      #17
      So i know have the court paper work and now going for 9x deposits as the 10 months they where out off agreement is counted as a tenancy !
      Offered £2400 but they came back with they have incurred costs , asked for a amount but nothing back from them yet.
      Just putting my witness evidence together and my friend told me Im not aloud to put any offers i have made to them in it . Is this right?as i want the court to see i have tried to settle out of court .
      Once more any help would be great .

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        #18
        Were the offers you have made made on the basis "without prejudice".

        If so, you're not meant to let the judge see them until the case is decided.
        If not, you can include them (but they won't help you with the case itself, as they're essentially admitting the offence).
        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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          #19
          No i just headed everything before legal action . I have admitted it in correspondence, as i did knot know about it so can not harm I hope .

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            #20
            If you've admitted the offence, the only discussion is going to be about the penalty, so your offers are likely to make no difference.
            And you probably should include them for completeness.
            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


              #21
              Thanks , so i have my paper work ready to go, one goes one lot goes to there solicitor and one to the court but there is no address of Bristol county court on the paper work i was sent , where do isend it to ? Any ideas where i find the address ?

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                #22
                Doesn't the court paperwork you've been sent tell you where the court is?
                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


                  #23
                  Yes just says Bristol county court but not sure if its the right one as I can only find Bristol Civil and Family Justice Centre
                  2 Redcliff Street ! Its clear as mud

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                    #24
                    The paperwork ought to have an address as well and not just the name, but yes that's the one.

                    https://courttribunalfinder.service....ntre?q=bristol
                    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


                      #25
                      Thanks for your help, all sent off now . Spoke to there solicitor and hes getting back to me with a amount i hope .

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                        #26
                        So they have now come back with a new sum off £4200 of which £1000 is costs and 1.5x times the deposit plus the deposit (as they never cashed the deposit cheque)

                        Do i just take it on the chin and accept , which seems to much to me ?
                        or make a Part 36 offer for less?
                        If i make a Part 36 offer can in make it inconclusive of cost up to till this date ?
                        or is it just the amount to the tentents I offer and then i get bill for there costs ?

                        Thanks once more



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                          #27
                          If you have previously sent them a cheque for the deposit, then you have already returned the deposit (at least to the amount in the cheque). That they never cashed the cheque is their problem. (This is assuming they actually got your cheque, and that the cheque will clear first time if and when they pay it into their bank.)

                          You can't specify cost in a Part 36, only the penalty amount. If you want to offer a specific amount towards cost, you'd need to make a calderbank offer instead. Didn't you previoulsy offer 1.5x already? If so, you can try go back and say you're not paying any cost incurred after date of offer + response time (14 days, 30 days?).

                          You ought to settle, otherwise the cost is only going to go up.
                          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


                            #28
                            This case has shed a lot of light in tenancy agreements. So if you increase rent are you supposed to increase the deposit as well and re-register? I'm a little confused

                            All the best with your negotiations and keep us posted on how they go? It is tough being a land lord sometimes

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                              #29
                              You can raise rent without having to increase Deposit. An increase in Deposit may be enough to indicate a new T was intended with/out all nec requirements eg new Deposit Protection, P! etc.

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                                #30
                                So they have rejected my latest offer of £3400 and are still wanting £4300 .


                                If it goes to court what sort off costs am I looking at ? As I do believe the judge will see there trying to bleed me dry .
                                Or should i just suck up the £4300 and be done with it ?
                                If i do how long would i have to pay it ?
                                Thanks once more

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