Tenant needing help with property being sold

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    #16
    Originally posted by madkitty View Post
    would it be safe then to wait until it has completed (it has already exchnaged) just to be on the safe side?
    I can't see that it will make any odd's at all, if they have already exchanged contracts.

    Personally, I don't think it is worth it, but at the end of the day it is your call, you have nothing to lose.

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      #17
      Originally posted by Colincbayley View Post
      Personally, I don't think it is worth it, but at the end of the day it is your call, you have nothing to lose.

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        #18

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          #19
          Originally posted by Colincbayley View Post
          When I say is it worth it or not, i did not mean worth the money.
          The tenant will be at no financial loss
          and although the LL has not done the right thing by protecting the deposit ( More than likley due to not knowing his do-dah from his wats-it ) I don't think it is fair the pursue the un-educated.
          LL's have a responsibility to be educated. If they can't be bothered to pay attention to new legislation --- and let's face TDS is hardly top secret, hard-to-find-out-about stuff --- they deserve to be pursued.

          I suspect if I were to try this excuse next time I get stopped for speeding --- "Sorry mate, I didn't know the motorway speed limit was 70, thought it was 120" --- I would get little sympathy. If you drive a car you are reponsible for knowing the speed limits. If you rent a house you are responsible for finding out your legal responsibilities.

          Must fly, got to go purchase a new sofa at the bank !!!!
          If you find any cash down the back of it you could always give it to me, as you wouldn't be at a financial loss :-)

          Peter

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            #20
            Originally posted by pcwilkins View Post
            ( Have to disagree with this point, I have the chance twice a week to win the lottery, but still never buy a ticket



            LL's have a responsibility to be educated. If they can't be bothered to pay attention to new legislation --- and let's face TDS is hardly top secret, hard-to-find-out-about stuff --- they deserve to be pursued.Valid !

            I suspect if I were to try this excuse next time I get stopped for speeding --- "Sorry mate, I didn't know the motorway speed limit was 70, thought it was 120" --- I would get little sympathy. If you drive a car you are reponsible for knowing the speed limits. If you rent a house you are responsible for finding out your legal responsibilities. Again valid point, however where I come from the speed limit is 120, although that is Kph not mphWell, that would depend if they have a new sofa or not wouldn't it



            If you find any cash down the back of it you could always give it to me, as you wouldn't be at a financial loss :-) Rule of life, any money, gold coins, dvd's, porn mags or half-eaten bacon rolls found down the back of my sofa, ARE MINE ( With the exception of the porn mags ) and I will be keeping them

            Peter
            Other than that, I can see your point !

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              #21
              Just to be pernickerty (sp?), the lottery analogy is not quite valid. If LL has not protected deposit and should have done, court order must

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                #22
                Originally posted by pcwilkins View Post
                There is no "chance" or "luck" involved in obtaining the court order, whereas there is a lot of it involved in winning the lottery.

                Peter
                Your kidding, with the UK courts system, it is ALL chance and luck

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                  #23
                  Originally posted by Colincbayley View Post
                  Your kidding, with the UK courts system, it is ALL chance and luck
                  Fair point, but I would hesitate to equate it with winning the lottery!

                  My point is that if a court order is obtained, and the court is satisfied that the deposit should have been protected and hasn't been, then the court has no discretion to waive the 3x deposit penalty --- it's not like the judge might be feeling mean and might just award 50p.

                  The law stipulates that the court must order the LL to pay 3x deposit to tenant.

                  The only thing I'm not sure about is how one would actually obtain this court order. I'm pretty sure it's not the same thing as putting in a small claim. But all the solicitors I have spoken to about it don't seem to have much of a clue and the only information I can find about court orders on the web is either about child custody or domestic abuse.

                  Peter

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                    #24
                    Originally posted by pcwilkins View Post
                    Fair point, but I would hesitate to equate it with winning the lottery!

                    My point is that if a court order is obtained, and the court is satisfied that the deposit should have been protected and hasn't been, then the court has no discretion to waive the 3x deposit penalty --- it's not like the judge might be feeling mean and might just award 50p.

                    The law stipulates that the court must order the LL to pay 3x deposit to tenant.

                    The only thing I'm not sure about is how one would actually obtain this court order. I'm pretty sure it's not the same thing as putting in a small claim. But all the solicitors I have spoken to about it don't seem to have much of a clue and the only information I can find about court orders on the web is either about child custody or domestic abuse.

                    Peter
                    I would have thought ( I don't know ) that the TDS admin people must have an inforcement department.

                    However, from a LL point of view, I think you are right, they should be aware of the laws.
                    As I am a LL and I am aware of the rules, I have chosen just not to take any deposits. Not because I am worried about a fine of 3X deposit but because I think that the whole idea is just Cr*p. Just my view and stance on the matter.
                    It will mean of course that I will be spending more time in future in court trying to get the tenants to pay for their responsibilities.
                    Good times ahead I think ( NOT )

                    Now, which six numbers should I pick for Saturday !

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