Notice to my LL

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    #16
    It's the "also" which presents the problem. There cannot be an "also" unless there's something else prior to it; you can't have one without the other.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #17
      Originally posted by jeffrey View Post
      It's the "also" which presents the problem. There cannot be an "also" unless there's something else prior to it; you can't have one without the other.
      IF the initial requirements have not been met 214(1), would 214(3)(a) be viable, thus allowing 214(4) to also apply?

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        #18
        Yes. If s.214(3) applies for whatever reason, s.214(4) "also" applies. If not, then not.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #19
          Originally posted by jeffrey View Post
          Yes. If s.214(3)(a) applies for whatever reason, s.214(3)(b) "also" applies. If not, then not.
          So, Platomey, it would seem from Jefferys comments that IF those requirements haven't been complied with you need to amend your case to claim that 214(1)(a) hasn't been complied with and that you want the court to order the return of your deposit under 214(3)(a) and payment of £XXX in respect of 214(4).

          IANAL - you might want to run this past someone who knows what they are talking about.

          You might also want to talk to the court about how to amend the claim - there will be a fee.

          Comment


            #20
            Originally posted by Snorkerz View Post
            Jefferys comments
            Who's that, then?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #21
              Originally posted by jeffrey View Post
              Who's that, then?
              Aaargh - Sorry Jeffrey

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                #22
                Looks like another L is trying to force a T into giving two months' notice without any right to do so by putting a clause in the original AST agreement which is unenforcable.

                I wonder how many other Ts are being caught out like this? And I also wonder where LLs/LAs are getting their advice from that this sort of contract is legally binding?

                I'm intrigued...

                Comment


                  #23
                  My|Deposits Initial Requirements:

                  Here we go - rule C1.1.3.2

                  http://www.landlordzone.co.uk/forums...0&postcount=10

                  Page 12 of this pdf file http://www.mydeposits.co.uk/landlord...webversion.pdf

                  Comment


                    #24
                    I found this information on the "Consumer Action Group" website that might be relevant to you

                    I'm Ellie, Press officer at mydeposits, so I can offer some advice about the deposit aspect of your case. I'd also advise you speak to your local citizens advice.

                    You need to contact mydeposits on 0844 980 0290 (or email - address on the mydeposits website) with as much info as you can (e.g your name, your landlord's name, your address and the date the deposit was protected). It looks as though the landlord is in clear breach of mydeposits scheme rules, but customer services can check for sure.

                    If this is found to be the case mydeposits can then cancel the Deposit Protection (don't worry, this is part of the process). This will be confiremd in writing to you and your landlord. You can then take the ‘cancellation letter’ to your county court and apply for an ‘Order to Protect’. If the Court grants this Order, they MUST also then instruct the landlord to pay you 3 x the deposit as compensation for non-compliance with the Housing Act 2004.
                    I would imagine you would not want to do this until immediately before your court case - but that's your choice.

                    Comment


                      #25
                      Thank you Snorkerz, Jeffrey and everyone for your help and advice. I really appreciate it. It's really good that such websites exist!

                      I have just spoken to my LL and she asked me to drop the charges against her. She said that she will promptly return my deposit after I leave next week along with a reimbursement of the £150.00 court fee. I am fine with it because I don't really want this long process and face uncertainty. Also, I think she will return the deposit anyway so I won't be able to ask My|Deposits to cancel the Deposit Protection.

                      She is also asking me to put in writing to her (and give it to her during the check-out) that I will withdraw my claim as long as I get my deposit+£150.00 back.

                      Do you think it is fine to give her such a letter? I am just not sure if she can use it against me somehow even though I understand that it is very unlikely.

                      Thanks,
                      Anton

                      Comment


                        #26
                        Originally posted by Platomey View Post
                        I would like to hope that my case continues but as per Draycott v Hannells Lettings Ltd case there is now no case because the deposit was finally re-protected. I don’t think in this case the judge differentiated between different deposit protection schemes – the fact was that the deposit was protected (albeit late) so there was no case to continue.

                        I will be examining the initial requirements of My|Deposits – but do they really matter in this case?
                        Yes, they do matter. The initial requirements of mydeposits are different to the DPS' (the scheme involved in Draycott v Hannell).

                        Originally posted by Platomey View Post
                        She said that she will promptly return my deposit after I leave next week along with a reimbursement of the £150.00 court fee. I am fine with it because I don't really want this long process and face uncertainty. Also, I think she will return the deposit anyway so I won't be able to ask My|Deposits to cancel the Deposit Protection.

                        She is also asking me to put in writing to her (and give it to her during the check-out) that I will withdraw my claim as long as I get my deposit+£150.00 back.

                        Do you think it is fine to give her such a letter? I am just not sure if she can use it against me somehow even though I understand that it is very unlikely.
                        On 7th May, next week, there is an Appeal Court case regarding late protection with mydeposits - this should firmly establish whether or not your landlord is liable for the 3x deposit sanction. There is also another case being heard at the same time (details unknown), and it's possible that the Draycott v Hannell ruling will be overturned (thereby removing that potential escape route for the LL). In short, it's still possible that your claim may be worth pursuing, depending on the rulings next week (and whether you can face the hassle).

                        See http://blog.painsmith.co.uk/2010/04/...come-to-court/

                        The result will no doubt be posted on the above blog the following week, so in your shoes I'd consider waiting till then before agreeing to withdraw the claim.

                        If you do decide you'd prefer to settle on the terms offered by the LL, then I would ensure that the landlord also signs the letter agreeing the terms, not just you.

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