Compensation claiming tenants

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  • blinko
    replied
    The original contract was it CONTINUES on contractural periodic. I looked a little more into it and this is a muddy area but like you I feel if protected correctly the all is good (even if it did come unprotected)



    Knowledge share


    you'll be pleased to know the deposit guard from RLA doesn't unprotect for insured based schemes.

    https://www.rla.org.uk/landlord/tena...uestions.shtml

    Another reason to use them.


    Deposit contractiction
    this is quite worrying, basically says you must comply with the deposit scheme rules

    https://england.shelter.org.uk/housi...otection_rules


    although here it kind of contradicts the situation and says if you protected it correctly at the start then you are ok.

    https://england.shelter.org.uk/housi...nsation_claims

    You can claim compensation of 1 to 3 times the amount of your tenancy deposit if your landlord:

    - doesn't protect your tenancy deposit in a tenancy deposit protection scheme-
    - doesn't give you certain information about the scheme being used
    - takes too long to protect your deposit or give you prescribed information

    basically you protected it correctly. you are good!

    ANYWAY

    I'm going to issue my 1st S21 notice of eviction , new experience for me

    Leave a comment:


  • MdeB
    replied
    Originally posted by blinko View Post
    I spoke RLA and they said that there technically isn't a new AST as the AST is a contractural rolling periodic so the original one didn't end and thus it shouldn't stop S21, but this is new terrirotry i think for a judge.
    If the original contract said that tenancy continues on a periodic basis, then it is one tenancy; if not, then it is a new tenancy (a statutory periodic tenancy).

    So, if it is contractual periodic, then you have not failed to protect the deposit in time, and as has been pointed out several times on this site, there appears to be no penalty for allowing protection to lapse.

    Leave a comment:


  • blinko
    replied
    Originally posted by alice123 View Post

    Yes i believe this to be right - if its insured
    if its custodial its automatic

    check the DPS website

    you will have to reprotect it

    Hi alice, Can i ask what happened in your case, how do you feel about it now?

    ok i reprotected it but didn't serve all the PI and all that jazz again as that was done at the inital AST stage the tenant confirmed in writing he wanted periodic. I spoke RLA and they said that there technically isn't a new AST as the AST is a contractural rolling periodic so the original one didn't end and thus it shouldn't stop S21, but this is new terrirotry i think for a judge.

    Leave a comment:


  • alice123
    replied
    i have had first had experience of a tenant suing me over a deposit , believe me it a horrible experience to have to go through

    Leave a comment:


  • alice123
    replied
    Originally posted by blinko View Post
    Yeah I am going to , I think you guys are right. Would anyone have any advice on what to do ? some people have said issue s8 and S21 but not to take the s8 to court.

    I have all the paperwork confirmed at the issue of tenancy eg properly protected and all that/

    Although I do have 1 complicating matter (how about this for a headache) the DPS say if you don't elect for the deposit on the insured scheme to go periodic at the end of fixed term they will automatically close the deposit and you have to reprotect it by creating a new tenancy on their system. is it even possible for a deposit to become unprotected when it was initially protected correctly ? I'm a little worried about this either holding up the eviction or being sued ( he would love that lol)
    Yes i believe this to be right - if its insured
    if its custodial its automatic

    check the DPS website

    you will have to reprotect it


    Leave a comment:


  • blinko
    replied
    Oh I've read the terms and conditions and Canada money but just stay off against the blank wall of that's the terms and conditions that's it I challenge them saying why does the custodial scheme automatically enrol in a periodic yeah the insured automatically assumes is the end of the tenancy and just got fobbed off with that how the system works that's it

    to note that the rentguard deposit with the rla with the insurance scheme it doesn't do this it automatically rolls onto his periodic for the insurance scheme no extra fees to pay if you miss clicking that button

    Leave a comment:


  • MdeB
    replied
    Originally posted by Berlingogirl View Post
    Ive never heard that about the DPS.
    It is normal for insured schemes.

    See https://www.depositprotection.com/me...let_vc_web.pdf, section 16.b.

    Leave a comment:


  • Berlingogirl
    replied
    Yes, issue the s8 and s21. https://www.gov.uk/evicting-tenants/...tion-8-notices

    Ive never heard that about the DPS.

    Leave a comment:


  • blinko
    replied
    Yeah I am going to , I think you guys are right. Would anyone have any advice on what to do ? some people have said issue s8 and S21 but not to take the s8 to court.

    I have all the paperwork confirmed at the issue of tenancy eg properly protected and all that/

    Although I do have 1 complicating matter (how about this for a headache) the DPS say if you don't elect for the deposit on the insured scheme to go periodic at the end of fixed term they will automatically close the deposit and you have to reprotect it by creating a new tenancy on their system. is it even possible for a deposit to become unprotected when it was initially protected correctly ? I'm a little worried about this either holding up the eviction or being sued ( he would love that lol)

    Leave a comment:


  • Hudson01
    replied
    As said, get rid of this idiot.

    Leave a comment:


  • JK0
    replied
    Originally posted by blinko View Post

    it wasn't really a complaint it was more like please can you come and paint it, maybe I wait until he goes in and then get the painter to take pictures of before and after so I can show it's been redecorated
    Jesus wept! No-one is going to want to check you've painted the toilet.

    Leave a comment:


  • blinko
    replied
    Originally posted by JK0 View Post

    As long as there are no complaints in writing, of course not. He's likely to put pen to paper if you delay.
    it wasn't really a complaint it was more like please can you come and paint it, maybe I wait until he goes in and then get the painter to take pictures of before and after so I can show it's been redecorated

    Leave a comment:


  • JK0
    replied
    Originally posted by blinko View Post
    at the moment there is some damp that is due to be repaired as there was a leak so i put in a new toilet and new floor in the bathroom, I then waited about 10 days odd to see if the damage from the leak would get worse or not, it hasn't so I have a painter going in tomorrow to sort it. Do you reckon i should wait until he finishes painting
    As long as there are no complaints in writing, of course not. He's likely to put pen to paper if you delay.

    Leave a comment:


  • blinko
    replied
    at the moment there is some damp that is due to be repaired as there was a leak so i put in a new toilet and new floor in the bathroom, I then waited about 10 days odd to see if the damage from the leak would get worse or not, it hasn't so I have a painter going in tomorrow to sort it. Do you reckon i should wait until he finishes painting

    Leave a comment:


  • JK0
    replied
    Originally posted by blinko View Post
    Yeah I'm sad to do it but what choice do I have, if I don't make a stand now then he thinks this is ok.he has always threatend this before.... Unless he is trying to get himself evicted ? I even have a tradesmen going in tomorrow , unreal anyway I think you're right.

    Ok what do you think I should do next, s8 and s21 ? I've never issued s21 before .

    Also can he simply claim that it is retaliatory
    s8 is pretty pointless, as can be easily defended with spurious disrepair allegations.

    s21 cannot be rebuffed as long as you get it in before any written complaint.

    Leave a comment:

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