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non return of deposit

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  • #16
    Re: non return of deposit

    My apologies, I mis-read the OP's question.
    The following may assist:

    http://www.kingston.gov.uk/browse/ho...on_tenants.htm

    Comment


    • #17
      Re: non return of deposit

      This might be more useful as it is related to tenancy agreements in SCOTLAND !

      Better Renting Scotland - Tenants' Money

      Comment


      • #18
        Re: non return of deposit

        Originally posted by Budgie View Post
        This might be more useful as it is related to tenancy agreements in SCOTLAND !

        Better Renting Scotland - Tenants' Money

        http://scotland.shelter.org.uk/news/...e_for_scotland
        ------------------------------- merged -------------------------------
        http://scotland.shelter.org.uk/getad..._with_deposits
        ------------------------------- merged -------------------------------
        Originally posted by Budgie View Post
        This might be more useful as it is related to tenancy agreements in SCOTLAND !

        Better Renting Scotland - Tenants' Money
        600 miles, but you don't have to shout!

        http://scotland.shelter.org.uk/getad..._with_deposits
        ------------------------------- merged -------------------------------
        Don't know about you guys, but I find the automerge really annoying;
        sorry site team

        Anyhow, the following may be of interest:
        http://www.scotland.gov.uk/Publicati.../07/29155626/0
        ------------------------------- merged -------------------------------
        Safeguarding Tenancy Deposits: The Tenancy Deposit Schemes (Scotland) Regulations 2010 - Draft for Consultation

        « Previous | Contents | Next »
        Listen
        FOREWORD

        It is common practice in the private rented sector for landlords and agents to require a tenant to pay a returnable deposit at the start of a new tenancy. All or part of the deposit may be legitimately withheld at the end of the tenancy if the tenant has failed to meet their obligations under the tenancy agreement. For example, where damage has been caused to the property.
        However, evidence from the Review of the Private Rented Sector, published in March 2009, indicates that a significant minority of tenants in Scotland may have had their deposits unfairly withheld. Concerns over poor tenancy deposit practice led to Scottish Ministers being granted powers in the Housing (Scotland) Act 2006 to bring forward regulations to approve mandatory national schemes to safeguard tenant deposits.
        The Scottish Government has engaged with a stakeholder working group to consider the nature and scale of problems linked to tenancy deposits practice, and to decide on the best way to tackle this issue.
        Our main objectives in bringing forward regulations for the approval of tenancy deposit schemes are to safeguard tenancy deposits by reducing the number of unfairly withheld deposits and ensuring that funds are available when a tenancy ends. We also believe that tenants should have access to a simple and effective means of resolving disputes with their landlord over tenancy deposits, where they arise, without resorting to legal action.
        Part 4 of the 2006 Act allows us, with the approval of the Scottish Parliament, to set out the conditions which a tenancy deposit scheme must meet before it can be approved. The purpose of this consultation is to gather your views and feedback on the proposed regulations in order to implement the most effective framework for approved schemes to operate within.
        There are 26 questions in this consultation, primarily focused on the regulations. However, the consultation also poses a final, general question aimed at identifying any other creative ideas you may have for achieving positive change in this area with the potential to benefit all consumers in the private rented housing sector.
        I want to take this opportunity to thank all those who have worked with us to reach this point and I am now pleased to invite you to contribute to this consultation exercise.
        Alex Neil MSP, Minister for Housing and Communities
        Last edited by Angry Cat; 5th August 2010, 22:45:PM. Reason: Automerged Doublepost

        Comment


        • #19
          Re: non return of deposit

          I will leave it to Angry Cat to carry on posting links to background reading that might be useful for you Poochie.

          The most important thing, if we are to be able to provide you with real assistance in advance of your court hearing on Monday, is for you to let us have a look at the actual tenancy agreement and Court documents as requested in my earlier post.
          Last edited by Budgie; 5th August 2010, 23:03:PM.

          Comment


          • #20
            Re: non return of deposit

            I think its a bit late to post anythin up now for you guys but I very much appreciate everyones input above which I am havin look thru tonight before goin to court in mornin at 10am.

            I amy also add, the deposit we paid to lettin agency was held by them and not put into any scheme posted above...... I know this because they told us in an e-mail I have that they do not trust those schemes as they have lost money thru them in past........ I am printin off all e-mails I have from them to take to court anyways, because I kept all communication in writin from them incase I needed it later which is now true.

            My main argument is that they broke the tenancy agreement first before all keys were handed back and because both girls had paid their rent up till 25th january 2010 but the lettin agency re-let the flat on 8th January 2010 without knowing when the last set of keys was bein handed in......
            I was under impression that if the girls had short term agreement until 25th march 2010, then the lettin agency could not re-let flat until that date which would mean both girls were sittin tenants until 25th march 2010 even if they did not keep the flat till that date.........
            I just dont see how they could justify havin 3 people pay rent for a flat only 1 person is livin in!......

            I will go read thru the links above but thanx to everyone for input above........ very much appreciated

            Comment


            • #21
              Re: non return of deposit

              ok we managed to get to court and the lettin agency had apparently mislaid some documnets and couldnt find them to bring to court...... The judge has now said it must go to evidential hearin which means they have to bring evidence to back up their claim that they did not re-let the flat within the 6mth period my daughter and her pal were supposedly tied into the agreement......
              They were obviously lying because we have a copy of the new tenants agreement and he is also willin to be cited to come to court because the lettin agency has been tryin to get him to sign a new agreement which he wont do and the repairs my daughter wanted done whilst livin in the flat are still not done and this new tenant is not happy with it.......
              We are waitin on new date for the hearin bein sent to us....... will keep you updated......thanx

              Comment

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