TDS County Court Claims

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    #46
    Originally posted by leigh123 View Post
    It's due for Mid April. Is anyone else going to beat me to it?!
    Looks like you have the dubious honor of being the forerunner!! keep us posted.

    Comment


      #47
      Originally posted by Planner View Post
      Looks like you have the dubious honor of being the forerunner!! keep us posted.
      No quite. My tenant ( who I am helping out ) has a case already with the courts. The hearing was last week, but it got postponed for personal reasons ( her uncle died )
      Just now waiting for a new hearing date, which should be within the next week or so.

      Comment


        #48
        Originally posted by Colincbayley View Post
        No quite. My tenant ( who I am helping out ) has a case already with the courts. The hearing was last week, but it got postponed for personal reasons ( her uncle died )
        Just now waiting for a new hearing date, which should be within the next week or so.
        Oh yes I remember. I hope its sorted soon.

        Comment


          #49
          Originally posted by Colincbayley View Post
          No quite. My tenant ( who I am helping out ) has a case already with the courts. The hearing was last week, but it got postponed for personal reasons ( her uncle died )
          Just now waiting for a new hearing date, which should be within the next week or so.
          Please do keep us updated .... Was your tenant the one who eventually got her deposit back and is now asking for 3x non-compliance penalty?

          Comment


            #50
            Originally posted by Tori Bellatrix View Post
            Please do keep us updated .... Was your tenant the one who eventually got her deposit back and is now asking for 3x non-compliance penalty?
            Thats the baby!!

            Will give an update ASAP, spoke to the court last week, just awaiting the new hearing date ( Not too much of a wait in this area )

            Comment


              #51
              Originally posted by Colincbayley View Post
              Thats the baby!!

              Will give an update ASAP, spoke to the court last week, just awaiting the new hearing date ( Not too much of a wait in this area )
              Thanks

              I'll be in the same position depending on whether my LL pays back the deposit since I've sent the LBA ... I'll either claim for just the penalty payment or my deposit and the penalty payment ...so it's good to read up on existing cases.

              Comment


                #52
                Hello All;

                I've been following this thread with great interest, I am really interested to learn how the first cases go with regards to the 3X compensation etc.

                I thought I would write up my situation incase anybody has any advice or ideas.

                My landlord has insisted that myself and my fiance move out of our home at the end of the fixed term contract, on 31st March. He gave us the date he wants the house back as the 8th April, he did this on the 19th February. The contract was signed in June 2007.

                My fiance is pregnant and we are expecting the baby on the 24th March. This is of course terrible timing to move house/have a baby etc (it;s our first). No amount of pleading or begging could make my landlord agree to give us a couple of months more to allow us to settle with baby etc once born and to take into account possible complications.

                These have been incredible stressful months for myself and more importantly (and unfortiunately) my fiance and subsequenatally the baby.

                We have found a place to move to with contract start date on the 28th March. This is incredible bad timing and we are having to hope that the birth happens without complications etc. The thought of having to move house in a few days with a new baby is daunting.

                Anyway. our landlord has not as far as I am aware protected our deposit (does anyone know how I check this by the way without notifying him?, should I have recieved info from the deposit holding organisation?).

                Rent was due today but we have withheld it, with the intention that he use the deposit we gave him as last months rent. We have not yet told him we are doing this.

                My particular plan is;

                To tell him to use the deposit as Marchs rent, to tell him that we can not give a gurnateed move out date due to uncertainty of fiances/babies condition after the birth and thus suggest 1st May, and to ask for some goodwill to allow us to stay in the house in april for as many weeks as requried for free (we can not afford double rent). These extra weeks will allow us to move gradually with the least amount of disturbance for mother and baby.

                If he refuses these suggestions (I imagine he will), I will bring up his lack of protecting our deposit and suggest that if he agrees to give us April for free, we will not bring him to court for failing to protect our deposit.

                Does this strategy sound wise?

                My concerns have been highlighted in this thread already, i.e., can I file court proceedings after I have moved out and am I entitled to the 3X compensation if the landlord protects the deposit once he learns he has too?

                Sorry for the long post, I've been extremly stressed about this whole thing at a time when I should be preparing for baby and it is coming to a head in the next couple of days.

                cheers

                Jon

                Comment


                  #53
                  Originally posted by jonson View Post
                  My landlord has insisted that myself and my fiance move out of our home at the end of the fixed term contract, on 31st March. He gave us the date he wants the house back as the 8th April, he did this on the 19th February. ( Your LL MUST give you two clear months notice, which he has not, therefore you do not have to move on the date he suggests.
                  If your LL has failed to provide the notice period required in a S.21 notice, then he will have to re-issue that notice and the two month period starts again. This should give you the time required, plus once he has issued the correct notice, you CAN move out at any time you like up until the end of that notice period ( You do not have to wait for the notice period to run it's course

                  With regards to the protection of your deposit. Your LL should have given you prescribed information to advise where this deposit is protected, if he has not, then he has broken the law and you can sue him for 3 times that deposit. It will not matter if you have left the property at that time.

                  Hope all goes well with the baby.

                  Comment


                    #54
                    ...and in addition, unless deposit is held in accordance with an approved scheme, and LL has given you the information about that scheme, no S.21 can be served.

                    So as far as the law is concerned you have not yet received notice that your LL requires posession, regardless of the fact that the 2 month period wasn't given.

                    I suggest you simply ignore the notice. Keep looking for a new place but don't get stressed over it. It seems like it could take a while for the LL to get his act together so you probably have a few months in which you can quite legally stay in the property.

                    Based on our experience (we have an 11-month-old) the first three months are the most difficult, so if you can get through that, you'll be fine. All the best with the baby!

                    Peter

                    Comment


                      #55
                      Thanks for the advice and support.

                      I only learnt of the DPS and 2 - month notice period recently, and we have now found a new place and feel pretty set on it. With the tension with the landlord my fiance is keen to get out of this house asap. Personally my desire is to move in gradually over April so that there is not too much disturbance to mother and child, but not to have to pay double rent for April.

                      Any ideas on the best way to achieve this with the landlord? My concern is how to have him agree we get April for free but then not to take me to court in future saying I did not pay my rent for April.

                      If it is possible for me to take him to court for the 3X compensation at anytime after I leave the property then I shall always have that hold over him. But because this has never been tested in court it is making me nervous.

                      thanks again

                      jon

                      Comment


                        #56
                        Originally posted by pcwilkins View Post
                        ...and in addition, unless deposit is held in accordance with an approved scheme, and LL has given you the information about that scheme, no S.21 can be served.

                        Peter
                        Sorry to have bumped an old thread

                        But I was wondering if there is a particular section of the housing act that I can present to my landlord? As he hasn't secured our deposit and is now saying he will serve us with a S.21.

                        PS I have a 13 month old and we were in the situation when he was born that the LL wanted to sell.

                        We managed to luckily find a new property (which is subsequently being sold by the LL - Some people have no luck)

                        I would agree that the first 3 months are the worst/most stressful with a newborn but also the best, I wish you luck. and hope this situation resolves itself.

                        Comment


                          #57
                          Yes. See s.215 of Housing Act 2004.
                          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


                            #58
                            Thanks again Jeffrey.

                            I've done a google search for this and cannot seem to find the actual wording.

                            I don't suppose you have it to hand?

                            Comment


                              #59
                              Originally posted by TerryCarter View Post
                              Thanks again Jeffrey.

                              I've done a google search for this and cannot seem to find the actual wording.

                              I don't suppose you have it to hand?
                              Yes, but I cannot paste it.
                              Try http://www.statutelaw.gov.uk/Home.aspx
                              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


                                #60
                                Thanks Jeffrey again,

                                You've helped me so much in the last couple of days I feel like I should be paying you.

                                Comment

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