bgt
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Deposit woes
bgt replied to thewar_man's topic in Residential and Commercial lettings/Freehold issues
I've made several claims for friends via TDS in the past few months (student migration season) and have found them to be very impartial and in every case has either significantly reduced the claim by the LL or dismissed it completely. -
Hi there, I'm hoping someone here can help me. Over two years ago, my partner had an AST end and asked for her deposit back. Landlord refused. On trying to make a claim via the tenancy deposit scheme, she discovered her deposit was never protected. I filed a claim for her in the County Court and in march of this year, she won an order for full deposit, three times the deposit in fine and costs for a total of £4,730. Landlord has refused to make any payments. On questioning in court, we discovered another property in Nottingham that he rents out and this week we got a Final Charging Order against that property. He has a single mortgage against it but plenty of equity. Looking now to file the charging order with the Land Registry but I've got confused by the complex nature. I think I worked out that I need form AP1 and CH1 along with certified copies of the Title and Charging Order but I can not work out how to correctly complete the forms. Have I got the above right? How do I fill in the forms correctly? Any help, gratefully received. Kind regards, G
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Hi there, Renting a one bed flat, AST due to end mid November 2011 and the LL is clear no extension will be possible. Only have a gas hob and large (34L @ 30KGs) combi oven/microwave in kitchen. Live on the 3rd floor with no lifts and recently had major knee surgery so can't not weight bare, let alone tackle stairs. Oven has developed a fault and when warm (less than 130C), the control panel freezes. Managing Agent has agreed to replace the oven rather than repair due to costs. However has refused to arrange the removal of the faulty oven based on the fact they would have to charge the LL £50. Is this correct? The 'Electrical Equipment (Safety) Regulations 1994' seem to be vague... Is there a black&white regulation that states if the tenant or landlord is liable to remove faulty electrical equipment from an AST let property? Regards, G
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Hi there, On the 9th of March 2011, a District Judge found in our favour regarding a TDS despite. Sum of Deposit, fees, 3xdeposit as fine to around £4500 with the landlord 14 days to pay. After hearing, agreed a repayment plan of around 380 per month for 12 months, first payment on the 23rd of March with the court order unchanged, ie £4500 by the 23rd of March. Nothing was paid into the account by the 23rd so sent a letter to landlord and court stating a breach of the court order had occurred. 5 days later, received a letter from landlord claiming changes in circumstance and family matters meant he could only pay 200 per month. Though still nothing deposited into the account. Have replied stating we need 3 months bank accounts, rental incomes (he has at least three rental properties each in the 1200 per month rent range), details of change of circumstance and when these changes occurred. Why he did not bring this up before the 23rd if they happened before then and if later, why nothing was paid in. citing no consideration to request is possible without this information. What are our next steps in action? Thanks for any advice. G
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Hi all, Following some in-depth investigations, I discovered my letting agent had not reprotected my deposit after the initial scheme they used had closed. After filing a N208, I discovered that days prior to filing, the letting agents ceased trading and formally enter liquidation at the end of the month. Where in the queue of creditors do I stand with the return of a security? While the letting agent was responsible for protecting the deposit, the wording of the penalty clause in the Housing Act states the 'Landlord' must pay a sum of three times the deposit if unprotected. Does this mean I can file a claim against the landlord despite the fact they had no direct contact with the deposit? My landlord is based abroad, but within the EU. Thanks in advance for any advice. Regards, G
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Hi all, Been lurking for a while and used the template wording to file a N208 against the Letting Agent with respect to a TDS dispute. No deposit secured in a TDS scheme. My N208 was filed with the County Court with a deadline of 11th of October 2010 for a reply to be filed. Phoned the Court today and as of 14:00 on the 12th of October 2010, nothing has been filed with or received by the Court from the Letting Company. What is my next step? I was going to file a "Judgement in Default" but found this peice of information 'You also cannot obtain judgment in default if you have chosen to have your case dealt with under a special procedure known as a "Part 8" procedure. ' Any advice would be appriciated. Regards, G
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