Originally posted by jpkeates
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How is it not possible to forget to protect the deposit? The time it takes to do it isn’t relevant to whether you remember to do it or not,
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Anyone any idea whether the tenant can take me to court or does it have ve the Credit unión who it is repayable to?Comment
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I posted this query before but no one seemed to know the answer, but I know there’s some keen landlord tenant legal eagles out there in the forum somewhere so I’ll give it another go…..
I’m the landlord of a property where the deposit was paid by and must be returned to a credit union….. I forgot to protect the deposit in time (I’ve now returned it to the credit union)…. my question is, as the deposit is not due back to the tenant, can the tenant still take me to court for not protecting in time?
thanksComment
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Either the tenant or the credit union can take you to court for the deposit and penalty.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
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The whole premise of my post is that a landlord would only be interested in pursuing a tenant through the courts if he is seeking damages above the value of the deposit.
Moreover, in the case of deposits under the insurance scheme, the landlord already has the money. Therefore, the tenant...01-07-2022, 08:13 AM -
Correct me if I'm wrong, but it seems that allowing arbitration through the ADR requires consent from both the tenant and the landlord. Obviously the tenants are likely to prefer this when they do not agree to a given deduction.
But what prevents a landlord from making a deduction right...01-07-2022, 07:53 AM -
I think some of this is based on some odd assumptions.
Yes, a landlord (like a tenant) can decline to use ADR and, if there's no resolution to a dispute, the tenant would need to sue their landlord.
The courts don't seem to be more strict or impartial than ADR and the loser...01-07-2022, 08:01 AM -
Reply to Trying to evict son from my propertyHow can anyone think he's a permitted occupier?
That makes no sense.
He's either a family member making a contribution to the upkeep of somewhere or a tenant who should pay rent.
If you treat them as the latter, you're unlikely to go wrong.
You should ask for the...01-07-2022, 07:53 AM -
This is a very messy situation. My son lived with my mother, and when she died (2016) I inherited her house. My son carried on living there and did not pay anything or make any contributions to the rent. During 2020 my circumstances changed and I needed him to pay to live there. He did pay some money...30-06-2022, 09:45 AM
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Reply to Trying to evict son from my propertyI looked at these previously but they seem to specialise in standard cases, that can be easily won in court. Everyone I've contacted is unsure whether he's a tenant or an permitted occupier. I have a key and until last year when this started I stayed with him when I visited the north east,...01-07-2022, 07:37 AM
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Reply to Trying to evict son from my propertyThanks I'll try this, yesterday she said my only option was apply to set aside the judgement....01-07-2022, 07:35 AM
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Reply to Trying to evict son from my propertyvery sad
1. Yes
2. none of this, served a S21 and S8
3. No, I've paid for all repairs.
Very sad situation
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01-07-2022, 07:34 AM -
It was Corona, and the Estate Agents did not seem to have a problem with that but in retrospect I should have put her on the AST....01-07-2022, 06:30 AM
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