Section 21

[Crazy council]

Re: Section 21

Hi

can you list the items what they have held back some of the money for. Its not that unusual to have a bit of to and frow between LL and TT at the end of a tenacy over items in the inventory.

because you have been there 3 years 6 months, unless there is specific damage, the LL would struggle to claim for ware and tear, carpets ect

[User]

Re: Section 21

Hi

can you list the items what they have held back some of the money for. Its not that unusual to have a bit of to and frow between LL and TT at the end of a tenacy over items in the inventory.

because you have been there 3 years 6 months, unless there is specific damage, the LL would struggle to claim for ware and tear, carpets ect

So the facts..

We paid the deposit by direct bank transfer to our ex landlord in April 2012 prior to moving into the property, when we then paid the balance of 1st months rent + 1st months council tax.

We fell slightly behind with our rent payments and received an email from the landlords in May 2015 asking us to pay the outstanding £990 that we owed or they would be serving us with a section 21 come the 1st October 2015 we paid the debt of in several lump sums but not all in one go but before the deadline set out by the landlords.

On 30th September 2015 another email was received by our landlord stating that she should of protected our deposit but hasn't.. So she has now set up an account with a government backed scheme and placed our deposit with them.

6th October 2015 email from DPS scheme stating that our deposit had now been protected wrong tenancy start dates and only my husbands name, however the tenancy agreement is in both of our names.

29th October 2015 email received from landlords that they will be issuing us a section 21 to vacate the property as they wish to change its use to a holiday let.

2nd December 2015 28days notice given by us to the landlords with move out date of 30th December 2015

31st December email received from landlord regarding our deposit stating that they were taking money out for unpaid council tax £150 and biomass heating payment £100 Both payments were disputed.

Biomass disputed and reduced to £75.00 as landlord had already agreed to the reduction due to no heating and hot water for several hours in December.

Council tax disputed and still in dispute after several emails chasing the old bills from landlord (they chose to pay in our behalf) in Order for us to check what payments should of been throughout our tenancy. Meanwhile on the 15h January 2015 I sent the landlords a letter before action stating that that should of protected our deposit and the did not and if they did not make an acceptable offer we would take action against them. Landlord still wants to deduct the amount of £225 from our deposit.. Despite the shortfall in council tax on,y being £30.00 due to the several overpayments over the last 3 years.

26th January 2015 email received by the DPS stating our landlord has closed the case and our deposit is now not protected and that we should contact the landlord in order to regain payment of our deposit or open a dispute with them within the timescale 90 days.

However we want to take this further and take our landlord to court for failure to protect our deposit when they were supposed to... And for also failing to give the prescribed information of which we still do not have

[User]

Re: Section 21

Failure to comply with the protection formalities is actionable, whether or not the failure to protect has been "remedied". Still claim for 3x deposit.

- - - Updated - - -



Advise them that they are liable to you for 3 times the amount of your deposit, and your claim will be for such. Reject their offer (on a without prejudice basis).

This is the reply to my LBA

I have been in contact with the DPS regarding the repayment of the bond now due to you since your departure from The Beast House Barn on 29/12/2015. I have been advised to let you know that a cheque for £175 is awaiting collection, or delivery to your current address.

Any dispute you have in regard to the bond and amount thereof should now be dealt with the DPs through their 'dispute resolution,' you will be contacted by the DPS shortly and then have 90 days in which to open dispute proceedings with them.

Thewlis Council Tax Queries

Date of tenancy at Beast House Barn 28/04/2012 - 29/12/2015

Council Tax year runs from 01/04 – 31/03

Please note on PCC demand 2012/2013 the rate of the property is G, charge for year £1920.57.

2012/2013 Council tax demand (G) rate for year £1920.57 PRO-RATA £1778.50. Your payment 11 x £150 = £1650. Underpayment of £128.50
2013/2014 Council tax demand (F) FULL YEAR rate for year £1710.40. Your payment 12 x £150 = £1800. Overpayment of £89.60
2014/2015 Council tax demand (F) FULL YEAR rate for year £1780.00. Your payment 12 x £150 = £1800. Overpayment of £20.00
2015/2016 Council tax demand (F) rate for year £1825.32 (divided by 12 = £152.11 per month). Your payment 8 x £150 = £1200 (as £150 was not paid for December) Underpayment of 168.99

(this is wrong we paid 12 x £150 in the year 2012/2013)

But overarching all of these figures; your rent per month as stated in the contract was £950 per month including council tax.

Your rent payment for December was only £800 leaving a shortfall of £150. Added to the £75 agreed for December’s heating supplied by Biomass comes to £225, which when taken from your bond of £400 leaves a balance of £175 to be repaid to you.


Should this be unacceptable to you then communications with the DPS will also include the addition of invoices for the disposal costs of broken bedstead, mattress, broken television, broken washing machine and abandoned cat.

Please contact us to arrange collection of the cheque.

[User]

Re: Section 21

This is the reply to my LBA

I have been in contact with the DPS regarding the repayment of the bond now due to you since your departure from The Beast House Barn on 29/12/2015. I have been advised to let you know that a cheque for £175 is awaiting collection, or delivery to your current address.

Any dispute you have in regard to the bond and amount thereof should now be dealt with the DPs through their 'dispute resolution,' you will be contacted by the DPS shortly and then have 90 days in which to open dispute proceedings with them.

Thewlis Council Tax Queries

Date of tenancy at Beast House Barn 28/04/2012 - 29/12/2015

Council Tax year runs from 01/04 – 31/03

Please note on PCC demand 2012/2013 the rate of the property is G, charge for year £1920.57.

2012/2013 Council tax demand (G) rate for year £1920.57 PRO-RATA £1778.50. Your payment 11 x £150 = £1650. Underpayment of £128.50
2013/2014 Council tax demand (F) FULL YEAR rate for year £1710.40. Your payment 12 x £150 = £1800. Overpayment of £89.60
2014/2015 Council tax demand (F) FULL YEAR rate for year £1780.00. Your payment 12 x £150 = £1800. Overpayment of £20.00
2015/2016 Council tax demand (F) rate for year £1825.32 (divided by 12 = £152.11 per month). Your payment 8 x £150 = £1200 (as £150 was not paid for December) Underpayment of 168.99

(this is wrong we paid 12 x £150 in the year 2012/2013)

But overarching all of these figures; your rent per month as stated in the contract was £950 per month including council tax.

Your rent payment for December was only £800 leaving a shortfall of £150. Added to the £75 agreed for December’s heating supplied by Biomass comes to £225, which when taken from your bond of £400 leaves a balance of £175 to be repaid to you.


Should this be unacceptable to you then communications with the DPS will also include the addition of invoices for the disposal costs of broken bedstead, mattress, broken television, broken washing machine and abandoned cat.

Please contact us to arrange collection of the cheque.

This is is our reply via email

I am assuming that this is your reply in regards to our Letter Before Action, as previously stated you did not protect our deposit within the specified timescale, as set out in section 214 of the housing act 2004, neither did you provide us with the prescribed information required in The housing (tenancy deposits)(prescribed information) order 2007 after you protected our deposit in order to serve us with a section 21.


As this does not constitute as a reasonable offer we will be taking matters further and claiming for our deposit plus compensation x3 = £1600. As well as interest under section 69 of the County Courts Act 1984. Which is currently 8% pa the last 3years and 6months = £112.00 Along with a remittance of our court fees. This will also incur a CCJ against your name.

We have tried to be reasonable and offer you a way in which to settle this out of court, as you don't seem to want to be reasonable our next steps will be court proceedings.



Thank you for the bills as requested.. With regards to the council tax.


2012/2013 12 x monthly payments were made with respect to this year 1st payment of £150 was made on the 28th February 2012 in cash along with the £800 first months rent (of which I still have the receipt for) and every month thereafter.


So adding all sums together would mean there is a shortfall on our behalf of £30.00 not the prescribed £150 you are intending to deduct from our deposit.


With regards to the belongings you mention, the bed was not broken we left it thinking you could make some use out of it, along with the washing machine in which we thought you would of put with your scrap metal pile (of which you regularly weigh in for cash). We also offered in an email to collect the broken tv and would of collected anything else you did not require that we left but you did not respond. I'm assuming you have made good use of the golf clubs that were left in the same cupboard as television since there has been no mention of these?


The cat was not abandoned we rehomed her before we left and have contacted the new owners on several occasions.. We also called the rspca after no response.

[Crazy council]

Re: Section 21

Hi

Honestly, i think your on quite shaky ground making a claim against your LL

1. The property was not clear of your items ( bed washer ++cat ) and you do have to leave it clear of your items
2. Although late, your LL had protected your deposit by the time they applied for the Section 21 ( that seems to be the interpretation of the rules in lower courts )

just my opinion

[User]

Re: Section 21

Hi

Honestly, i think your on quite shaky ground making a claim against your LL

1. The property was not clear of your items ( bed washer ++cat ) and you do have to leave it clear of your items
2. Although late, your LL had protected your deposit by the time they applied for the Section 21 ( that seems to be the interpretation of the rules in lower courts )

just my opinion

The cat was rehoused and returned back to the property, we also offered to go back and collect items we had left (moving was a 23hr day) but landlord did not respond.

we have not received any prescribed information as required.. Deposit is now not protected again despite us disputing payment with them.

[User]

Re: Section 21

http://www.hardwicke.co.uk/insights/...-rent-deposits

[Crazy council]

Re: Section 21

hi

that articles interesting but is from 15 Apr 2013 , there has been quite a few of these claims through the lower systems now to have a guess how they will go. i will have a proper read through later but my opinion ids the same, just beacuse you left stuff in the property,

you may still be able to negoteate the LL up,

[CLL1]

Re: Section 21

Since 6 April 2007, it has been mandatory for a landlord to join a TDS on creation of a new AST, where a deposit is paid by the tenant to the landlord on commencement of the tenancy (section 213(1), HA 2004).


The landlord's obligation is to place the deposit in an authorised TDS and comply with the ''initial requirements'' imposed by the authorised TDS within 30 days from the date of receipt of the deposit (section 213(3), HA 2004 as amended by section 184 of the Localism Act 2011 (LA 2011)). The 30 day period only applies where the deposit has been received by the landlord on or after 6 April 2012 (section 184, LA 2011). Before that, the deadline was 14 days.

The landlord cannot serve a section 21 notice where the deposit is not held in an authorised TDS or where the initial requirements have not been complied with (section 215(1), HA 2004). This is the case even if the landlord takes steps to protect the deposit late, after expiry of the deadline, because it will have failed to comply with its obligations within the requisite period.

[User]

Re: Section 21

The landlord did serve a section 21, we complied found another home and counter served them with 1 months notice. As far as I am aware we have complied with what the landlords have asked from us, and even vacated earlier.
We we are not talking a couple of days over the 30days prescribed period but over 3years late. Also note we have not received the prescribed information set out in the housing (tenancy deposits)(prescribed information) order 2007.

[CLL1]

Re: Section 21

That'll go against LL and help your claim. You rarely see 3x deposit awarded, but it should always be claimed.

[User]

Re: Section 21

Tbh we would of been quite happy and left it at that if they had of just paid our deposit back. But wanted advice from others to see if we had a strong case before pursuing it and loosing.. With the cost of moving house the cost of a court case is not what we need right now in order to loose. I was hoping they would just offer back our initial deposit when I sent them the LBA but they are sticking their ground.

[CLL1]

Re: Section 21

Well, firing off a claim form and particulars isn't overly cumbersome, and would focus their mind.