Deposit Protection: Court case won against Landlord

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    #31
    Sorry - the perils of a hasty reply....I am a manatee not a kipper....
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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      #32
      This thread is a great read for me who looks as though I might be in this situation.

      The only thing I've done is asked my landlord already (a month before tenancy set to expire) if he has protected it.

      I don't see how this will change anything though, he hasn't done it and any attempt to do so now will be a major problem for him.

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        #33
        Originally posted by jjlandlord View Post
        Well, if you do not want to help landlords, perhaps you do not want to help gold diggers either... Or we might as well donate to Shelter.

        I thought this forum was to help landlords. Everyone screws up now and then.
        I think the OP's thread is educational.

        There are lots of different types of tenants out there, and some know the law, or can find out, and can and will take advantage of Landlords who should and can very easily find out the law. If this thread means a few more landlords understand the implications of getting it wrong, then we should thank the OP.

        Our recent check in had the signing of a form that indicates to our new tenant, that we are serious about not getting screwed over. She had to sign 2 copies which say she's had the deposit information, the how to rent guide, the smoke alarms tested, the inventory and condition report agreed, etc. Not saying I'm paranoid, but I've read every thread of woe that is here, and determined not to make those mistakes.

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          #34
          This thread has retreated and bounced back a few times.
          I must admit I am uncomfortable with this thread, as even if it is legal to claim a deposit x 3 often it can be rather unethical.

          I know I am bouncing it now, but it is at the top.

          Landlords, I urge you not to comment any further, and allow this thread to die a natural death

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            #35
            Why Landlords who do things properly could be even remotely perturbed by this is truly beyond me. Landlords who fall foul of this legislation and 'gold digging Tenants' are patently idiotic and deserve everything they get, even more so if they allow it to go to Court and end up with 3x because they've then, likely, been doubly silly by putting their head in the sand. Why any Landlord would be uncomfortable by this is bemusing me... can you explain further? Are you in the same boat but keeping your head low?

            If anyone comes back and says a Landlord who falls foul of this isn't idiotic but could just be a pleasant fool, a bumbler, a little bit inexperienced, and doesn't deserve to be penalised then I'll respectfully disagree. Anyone can come up with that excuse even if they fully intended to steal the deposit... and that is the line we must take - if a deposit isn't protected our starting assumption should be that there was effectively an attempted theft there. It really ain't innocent until proven guilty with this - they're already guilty!

            The good thing about forums? Disagreement and diverse opinion often gets you thinking about things differently, even when you think you have a fixed viewpoint.

            Will I ever not protect a deposit? No. Will this thread help me? No. But it might help some newbie Landlord reading this today who was thinking it wasn't real and it was just academic... something they'd read about the possibility of... well, it's real... as we know. Have them there deposits protected!

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              #36
              Originally posted by andybenw View Post
              ....Landlords, I urge you not to comment any further, and allow this thread to die a natural death
              I am in favour of tenants acting within the law.

              I am in favour of landlords acting within the law.

              I am in favour of agents acting within the law.

              I am in favour of MPs acting within the law.

              If all those 4 happened the world would be a so much more pleasant place to be.

              Those that fail to comply with the law are clearly liable to suffer the consequences. This is hardly a surprise.

              Morality: Ah, now that's something else...
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                #37
                I'm not in favour of oh-so-subtle censorship. Especially when those advocating censoring something could be said to have a vested interest.

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                  #38
                  Originally posted by andybenw View Post
                  This thread has retreated and bounced back a few times.
                  I must admit I am uncomfortable with this thread, as even if it is legal to claim a deposit x 3 often it can be rather unethical.
                  Unethical to take a dodgy company who don't follow the law to court and are asked to pay a fine for their negligence? Sure, very unethical...like buying non-freerange eggs

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                    #39
                    Originally posted by jjlandlord View Post
                    Anyway I'm out. It seems I belong with all the long gone contributors to this forum...
                    There are some posters who appear to have a lot more time on their hands than experience under their belts. It's only a very small number but they account for a huge proportion of posts and sifting through all their combative, self satisfied drivel is becoming less and less worth the hassle. I ask most of my questions elsewhere now. I know LZ are conscious of the problem and I am at a loss as to why they do not step in.

                    On topic, I'm fairly relaxed about the "how to" guide myself. I think most landlords are more than happy to help tenants where they have landlord problems. And most are vexed by the crappy behaviour of the few which tarnishes all our reputations and leads to punishing taxes and tighter legislation. Mind you, I'd think it inappropriate if it were made a sticky!
                    Assume I know nothing.

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                      #40
                      My tenancy is still ongoing and I have a month left. How do I proceed with court action given these facts?

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                        #41
                        Originally posted by JP23 View Post
                        My tenancy is still ongoing and I have a month left. How do I proceed with court action given these facts?
                        Have you checked with the 3 schemes to confirm that the LL did not protect the deposit?

                        If not use the link in para 1 of the original post which provides links to each scheme. You'll need your postcode, tenancy start date and deposit amount.

                        Once confirmed he didn't protect, you can then send a letter before action to request the deposit back and the penalty.

                        It sounds like you didn't receive the prescribed information, so you will still be able to claim the penalty, although it may be awarded at the lower end of the scale, if it turns out he did protect the deposit.

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                          #42
                          Originally posted by Brixtonia View Post
                          There are some posters who appear to have a lot more time on their hands than experience under their belts. It's only a very small number but they account for a huge proportion of posts and sifting through all their combative, self satisfied drivel is becoming less and less worth the hassle. ......
                          Could you kindly provide some examples of some
                          ....combative, self satisfied drivel....
                          to which you refer, please??

                          £5 to an agreed charity for 5 good examples of same!

                          Cheers!
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #43
                            Whilst I agree your LL was negligent in respect of the deposit and did not defend the case in court, please can you explain to us ALL the reason you went to such lengths.?

                            Was it for personal financial loss during tenancy term or for pure financial gain by this law as you appear rather proud of your financial success in this matter.?

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                              #44
                              I am a landlord for the financial gain. Is there a problem with that? (Apart from Proudhon-ian ones...).

                              What's sauce for the goose is sauce for the gander!
                              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                              Comment


                                #45
                                Originally posted by josh123 View Post
                                Whilst I agree your LL was negligent in respect of the deposit and did not defend the case in court, please can you explain to us ALL the reason you went to such lengths.?

                                Was it for personal financial loss during tenancy term or for pure financial gain by this law as you appear rather proud of your financial success in this matter.?
                                There's always talk of 'professional' tenants. LL's always fall foul of these unless they are more professional, which is fairly easy. Always know more than your customers. It's a very basic business principal.
                                "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                                What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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