Deposit not protected; L claims that letting's not AST

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    Deposit not protected; L claims that letting's not AST

    Please can someone give advice as we at our wits end on the following issues LL has really treated his tenants with contempt

    LL does not deposit in a deposit scheme, says he does not need too, ( yet we believe 100% that he should have put it in a scheme) we have been asking for the scheme/insurance details for months and he totatly refuses to cooperate. he has now taken a large amount of the deposit for damages, we totally disagree what he is saying regarding any damages. LL now issued small cheque to the students saying in final and full settlement etc etc, There was a small iterinary when they moved in but it doesnt state the condition of furniture ( furniture is like going back to the 1960's
    The house the students moved into last year was a disgrace and we as parents had to clean it top too bottom and we did the same when the students left a few weeks ago.
    The students have asked me to represent them as a parent, the LL totally refuses to deal with me, i have sent a letter asking for copys of bills, agreements and he will not cooperate still i have put everything in the letter stating we believe the deposit should have been deposited and explained the reason we need all the information is so we can resolve any issues rather than taking these issues to court, the LL does not seem bothered
    He is no now saying if the cheques are not cashed soon he will cancel them and then take more monies for other damages he did not intend to charge for in the first instance. Loads of things have happened while they have been in their 10 months acomodation ie found LL in the property several times without arranging visit, caught taking the students barbeque from the garden, when confronted he says he can use any thing he wishes as it on his property, LL does not live in this house he lives 3 miles away, fridge broken 10 months ago he has taken monies from students deposits so he can buy new fridge, we as parents tried discussing issues with him but he never answers, we asked for him to be there when the students vacated the premises (all parents cleaned the house top to bottom) he didnt turn up for the arranged meeting and when was phoned said he had prior engagements even though he was at is property only 3 miles away, LL has made up total lies about how the property was left, we have 8 witnesses to say the propery was left in emaculate condition,
    Please any advise will be appreciated
    Many thanks

    #2
    Why do you believe this was not an AST?

    Comment


      #3
      Hi

      We took advise and was told it is not any other than an AST because rather than just take one person advise (Solisitor) we have seeked advise on the AST from three sourses and it has come back the same answer LL says he is not and will not be governed by legislation

      it was not a let by the university ( just a private LL)
      not over 25k rent
      not a holiday let

      deposits was £400 ea although LL says £300ea he says he gave a receipt but no students ever got a receipt

      thanks

      Comment


        #4
        Originally posted by koicarp View Post
        Hi

        We took advise and was told it is not any other than an AST because rather than just take one person advise (Solisitor) we have seeked advise on the AST from three sourses and it has come back the same answer LL says he is not and will not be governed by legislation

        it was not a let by the university ( just a private LL)
        not over 25k rent
        not a holiday let

        deposits was £400 ea although LL says £300ea he says he gave a receipt but no students ever got a receipt

        thanks
        In that case, it IS an AST - see section 1 of the 1988 Housing Act.

        You may have difficulty proving the value of the deposit, but here is my suggestion...

        The first thing to do is confirm if any of the 3 schemes do hold your deposit, but the landlord has failed to advise you. By completing this form (http://www.snorkerz.com/tenancy.html) an email will be sent to all 3 schemes - they will normally reply yes or no within 3 working days.

        If you discover that your deposit is not protected AND your last tenancy agreement was after 6th April 2007, send this letter (keeping a copy and obtaining a free certificate of posting from the Post Office). It should be sent to the LANDLORD at the address specified for the service of documents on your tenancy agreement.

        =============================

        letter before action

        Dear Mr XXXXXXXX

        RE: 123 High Street, Anytown, AT1 2AA

        On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

        The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

        I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

        You must refund the outstanding balance of my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

        Yours sincerely

        =================================

        This letter makes reference to a penalty of 3x the value of the deposit. This is specified in the 2004 Act, but is not a simple claim, and you should take legal advice before contemplating it.

        However, if you haven't been repaid within 14 days, you can commence a claim for the deposit only at http://www.moneyclaim.gov.uk. There are fees, but you may be able to reclaim them. If you do have to pay, presuming you win your case, the landlord will be ordered to refund any fees you have paid.

        If the landlord doesn't pay, you may have to take enforcement action which could include freezing his bank account, having his current tenants ordered to pay their rent to you, or having a charge put on the rental property.

        Comment


          #5
          The LL has said these things on several occasions
          it is in a fund it will sort it out (feb 09)
          it is not in a fund (mar 09)
          LL wife says we dont no about any fund (may 09)
          LL then write in email the deposits are not an ast and are not protected therfore no legislation applys

          the university wrote to all private LL issueing a letter about the scheme when the law was changed (we have a copy of the letter)

          many thanks for the advise we will send the information next week to LL

          Comment


            #6
            hi

            if i ask for the full deposits back as you recomend there will be a little bit of utilities to be paid, do i ask for all the deposit back then agree what we owe for any bills and give him the differance back or do we ask for all the deposit back less the bills

            thanks

            Comment


              #7
              Originally posted by koicarp View Post
              hi

              if i ask for the full deposits back as you recomend there will be a little bit of utilities to be paid, do i ask for all the deposit back then agree what we owe for any bills and give him the differance back or do we ask for all the deposit back less the bills

              thanks
              Claim it all back - he may well counterclaim for the utilities, but you may as well make him prove that they are legitimate. How does he plan to prove how much electricity each person used, and therefore how much they each owe?

              Comment


                #8
                Originally posted by Snorkerz View Post
                In that case, it IS an AST.
                Better, read that as In that case, it IS an AT, i.e. an Assured Tenancy (= within the Housing Act 1988).
                There are two types of AT:
                1. Assured Shorthold Tenancy (AST).
                2. Standard Assured Tenancy (SAT).
                It's entirely possible that L is correct and that you were granted an SAT- but only [after 28 Feb. 1997] if the Letting Agreement so provides or else L has satisfied the demands of Schedule 2A to the Act. Deposit protection does NOT apply to SATs, you see.
                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


                  #9
                  sorry a little lost ref std assured tenancy

                  please excuss my ignorance but im not to sure now whats what

                  should the agreement have been an ast OR a SAT as they are meeting all the
                  criteria of the AST, what is the differance in the two schemes

                  any advise would help

                  many thanks

                  Comment


                    #10
                    LL totally ignoring my requests

                    Hi

                    still having problems regarding LL comunication, i have been asked to represent 4 young student.

                    He has told my son that he will not deal with me.
                    I have sent him letters, emails reagarding all the information we need before and if we issue any court action, i am ready now to issue a letter asking for all the deposits back. Because we are in dispute regarding the deposits he has now wrote an email to my son saying he is now billing them again for other items ( even though we have a email saying waht was being billed for before) he is now saying he will not pay anything back and will cancel the cheque

                    He is so arrogant with the students and we need to take action in the correct way
                    Please advise asap
                    again many thanks for information

                    Comment


                      #11
                      did your son sign an inventory when he moved in and was his deposit protected in a protection scheme?

                      Comment


                        #12
                        Hi

                        I have asked several question on AST on here

                        I have been told that it should have been an AST agreement. The problem is he has said it is in a scheme then it isnt we have checked and it is not in any scheme, We ahve been aguing for months about it and now the students have left he says he is taking most of the deposits for damages, we as parents cleaned the property and was waiting for him to turn up as was agreed he subsequently refused to be there, there is a smalll inventory but it dosnt say the state of the furniture only that there is 6 knifes 6 spoons i settee 1 chair etc etc He issues a cheque and took most out for damages and bills owed ie elect, gas. we have asked to see the 10 months bills but he refuses to show us and only get a spreadsheet showing his figures.
                        when he issued the cheques he said it is full and final settlement
                        now my son has wrote back saying they wont be cashed as we dont agree with the damages, LL now said all cheque will be cancelled and he will now charge for other damages he has found since although these was mentioned in the first letter he sent ie missing pan, mark on carpet
                        Basically the LL is telling many untruths about it all as the parents and students witnessed how emaculate the house was left in

                        sorry this is probably going on but i need help asap so i can do the correct thing
                        many thanks and any advise appreciated

                        Comment


                          #13
                          Start from basics.
                          1. Is there a written Tenancy Agreement?
                          2. Is the property in E&W?
                          3. When did it start (fixed term)?
                          4. How long is the fixed term?
                          5. How much is the rent per annum?
                          6. What Notices did L serve on T:
                          a. before the letting began; and
                          b. subsequently?
                          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


                            #14
                            Reply to start at basics, please advise

                            Start from basics.
                            1. Is there a written Tenancy Agreement?
                            LL says he has a written agreement which say on it NON assured
                            I have one which is addressed to all the students names, small itinary on back
                            shows date to move in, shows date to leave shows rent etc paid quartly.

                            2. Is the property in E&W? yes england
                            3. When did it start (fixed term)? Sep 09
                            4. How long is the fixed term? 10 months
                            5. How much is the rent per annum? £15000 for 4 people
                            6. What Notices did L serve on T: just says in contract showing a date when start and when end
                            a. before the letting began; and
                            b. subsequently?
                            does not say anything about condition of furniture just itemises what the house has in it
                            Many thanks

                            Comment


                              #15
                              MODERATOR: Please merge with http://www.landlordzone.co.uk/forums...ad.php?t=30461

                              KOICARP: If you keep all your info in one thread, it means that people who try to help will have access to far more relevant info.

                              Comment

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