Herilsamika
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Sorry Lea_HTH - I'll try to summarise to clear up as best as I can - I've actually been digging out paperwork since 2am this morning to prepare for small claims. I signed an AST in 2006 for a period of 12 months. This lapsed into a SPT during 2007, after the April 2007 deposit rule. The LL sent a new AST to be signed with a new rent amount in December 2013 - £1200pcm. This was signed and the new rent paid, therefore I am actually in a newly created AST for 12 months. There are no arrears for the new AST. The overpayment issue is summarised below (as best as I can): From 2007 to 2013, the LL received monies from me that were different from the rent due amount - rent due was £1000pcm. Some months the LL received more rent £1300pcm, some months, £970pcm (general examples given). No DD or SO set up on either side due to the nature of my job - LL was happy to give his bank details over for deposits - I have all my receipts to show payments made. No dispute with LL on how much money LL received. Dispute arises because LL states that all overpayments are being kept because LL changed the rent due amount to sync with the extra payments made by me. No written agreements exists to change rent from £1000pcm to £1300pcm, then back to £970pcm so not sure how LL can legally argue this point! LL never increased rent on old tenancy, only the new AST signed in December 2013. There are no arrears on either rental agreement - previous agreemnt an overpayment exists and the current statement, the account is up to date. All negotiations have failed, that's why I asked about S21 and S8.
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I'm confused by this statement, as I have been made to understand that as of April 2012, the legal loophole was closed and all deposits should have been protected, whether they were taken pre- April 2007 or not? The link below (if I understand it coreectly on page 4) makes this clear that deposit protection is/was a must?? http://www.mydeposits.co.uk/sites/default/files/Guidance%20on%20the%20Court%20of%20Appeal%20judgement%20%28Superstrike%29_0.pdf
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Thank you both Raydetinu and The Carpet Cleaners - you have been very helpful! I'll search for info on the Section 8 and ways to defend this particular type of notice.
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Hi Caggers - help once again please! Same issue as above - the new AST was signed in December 2013 for a 12 month period - no break clause. I have not received any PI to this date - I've searched the three websites for the Tenancy Deposit Schemes and all tell me that no information is held for my postcode or name or tenancy start date. To confirm this, I've written them. My question however concerns the S21 notice - my LL has threatened to serve this notice on me to vacate the flat. I have read these boards and it tells me that in order for this notice to be valid, the deposit must be protected. Some posts state that the LL must first return the deposit then serve the S21 - is this legally correct? Can I ignore the S21 that the LL serves as no deposit has been protected?
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scara **Landlord paid up**
Herilsamika replied to scara's topic in Residential and Commercial lettings/Freehold issues
Scara that is brilliant news that you received an offer! If you I am in the same boat as you with my deposit. My tenancy started in 2006 and to this date I have never had any information on where my deposit is held by the landlord! If you received that offer, it means the LL was more than likely advised that he would lose a claim brought by you - some good news for you, especially in light of the fact that the washbasin's poor condition was actually noted in the inventory! -
Hi Mariner51 - I've found something else on this website - http://www.pims.co.uk/Warning_Deposit_before_April_2007 So, if my reading comprehension skills are correct, it seems that although the initial deposit was taken before April 2007, the LL should have protected the deposit anyway before I signed a new tenancy agreement in 2013.
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Hi raydetinu! There was no DD or Standing order set up - the LL simply provided me with his bank details and when I received cash, I would simply deposit it into his account. That is how this dispute has arisen - some months I paid less than the rent and some months I paid more than the rental amount. I have retained all evidence of monies I paid into the LL's account (bank receipt slips).
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Thank you Sidewinder! You have been really helpful I shall follow your advice to the letter.
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Thank you raydetinu! You have confirmed my position. My allowances are of no concern to the LL - only the rent stipulated should be paid; however, the LL feels as if my increase in my allowances justifies an increase in the rent due. A calculation of rental payments based on the rental agreement shows that the LL received a lot more money than was due under the terms of the rental agreement.
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Thanks Mariner for the reply. I only used a yearly figure above to show an example of how I paid excess rent - see calculations below: Rent due pcm - £1000 £1000 x 12 months = £12,000 Total rent paid for the year = £13,900 Excess rent paid: £13,900 - £12,000 = £1,900 Therefore, I have overpaid by £1,900 for the year.
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Bank Details of Uncle Buck
Herilsamika posted a topic in PayDay loans and Short Term loans - General
I want to pay Uncle Buck by standing order directly to their bank account - can anyone help me out with their bank details please? Thanks. -
Apologies for this post if it is in the wrong place, so MODs please move it to the right place. Thanks in advance. My question covers two issues with debt. I have a dispute with my landlord about rental arrears. My landlord claims I am in arrears whilst I contend that I am in credit on my rental account. The landlord has threatened to contact my employers and disclose details of our dispute. My first question is - is my landlord classed as a creditor for the purposes of reporting the landlord to the OFT? My understanding of the guidelines is that as the landlord is a sole individual the OFT may not be the best place to make a report - am I right? My second question is - can the landlord simply disclose our dispute to my employers? Is that not considered a breach of Data Protection? I want to write to the landlord stating that I consider the threat of contacting my employers as harassing me and I am going to make a report to the OFT. Is this the best cause of action? Thanks to all who answer!
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Hi Marine51 - I've found this from the DPS website: Deposits taken before 6 April 2007 do not need to be protected by a scheme such as The DPS. However, as an existing tenancy is renewed and a landlord agrees a new fixed-term tenancy, the initial deposit taken must then be lodged with a tenancy deposit protection scheme. I have signed a new 12 month AST, with no break clause, so ideally the deposit should have been protected and the information sent to me which it was not done by the LL.
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Does anyone have any advice re: the LL threat to approach employers for payment of rent? The rental agreement is signed by me, not my employers. They are not guarantors on the rental agreement. Would he be breaching data protection or some other law when he approaches my employers? Is that considered harassment?
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If you pay rent weekly your landlord has to provide a rent book. Thanks Stu007! I read something on shelter that caught my attention - about paying weekly rent. If my tenancy agreement calls for payment by each month and I've been paying each week, should I have been given a rent book even though I was under a monthly contract?
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The deposit was paid at the start of the tenancy in 2006. I don't have any information on the deposit being protected and I have not written to the Landlords to request this information as it is their legal responsibilty to provide that information (correct)? I don't believe I should have to chase the LL for information they should legally provide.
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Hi! Thanks for the reply. The rental agreement was for one year from 2006 to 2007, then lapsed into periodic tenancy. I received no notifications of rental increases from the LL.
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don't understand this,do you work for a company that sets your rent?,your landlord wants as much as he can get? Yes the landlord wants to keep all the money paid into his account so he wants as much as he can get! The company does not set the rent, but gives an allowance that is comparable to the London Weighting.
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Yes - I am in England - the South East - Kent.
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Thanks so much forthe quick reply! I have a rental payment statement from the LL already. The LL statement shows that the rent amount "due" was changed and increased to be in line with the increase from my personal housing allowance. The statement has rent due on 1 of each month - rent is payable in advance. All of the rent is paid directly by me - the LL does not receive any payments from my employers. I have signed the rental contract. It's not UK government HB Mariners, so the HB is not paid to my employers. I work privately and get an allowance as part of my salary package to assist with rent and living expenses. When my allowances increase, I pay weekly amounts to my LL. The LL has changed the rent due on the statement to correlate with my increases. The rental agreements has 1000PCM to be paid on the 1st of each month. Some months I've paid 1000pcm, some months I've paid less like £840 or £960 for the month and the other months, I've paid £1200 or £1170 or £1050pcm. I've always paid differing amounts each month. So the calculations I've made show that if the rent due is £12,000 per annum and I've paid some years £13,900 and £11,000, then surely the LL should balance out the rent to reflect the figure in the rental agreement?
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Help needed CAggers! I've got a situation on my hand that I need some advice with - I'm a tenant and have been for a few years under a periodic tenancy or month to month. I receive housing allowance and have paid that to the landlord in excess for the years that I've been in residency. The landlord is saying that I owe arrears however, based on the lease we signed when I moved in, the rent I pay the landlord is far in excess to the lease. The landlord wants to serve me notice to say that I am arrears (a section 8) but he claims he wants my employers to pay the arrears as my housing allowance is given to me by them. I find this proposed action a bit of a threat, considering my lease is not signed by my employers but by me! I have already written a LBA but he just keeps harping onthat my housing allowance increase is a rent increase! What do I do now? Serve a claim for my money? All attempts at negotiating has failed.
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payday loans bank details
Herilsamika replied to boofind's topic in PayDay loans and Short Term loans - General
Did you ever find out Uncle Buck's bank details? -
Quickquid bank details please??
Herilsamika replied to orange6's topic in Quick Quid and associated trading names
Has anyone actually had QQ confirm that these bank details are in fact their bank details? -
Quickquid bank details please??
Herilsamika replied to orange6's topic in Quick Quid and associated trading names
Quik Quid do not have bank details for the UK from what I have been told- that's why they will either set up a repayment plan on their on esteem on quickly pass the debt on to a debt collection firm like Muck HAll or Marshall Hoare. If I'm wrong, someone will surely come along in a minute and give the bank details out. -
Liquid Advance is on of the culprits behind this - if you fill in their application form - they redirect you to another website called my-payday.co.uk - both are set up to appear as lenders when in fact they brokers - a redirection page pops up asking you to enter your card details. I've just had a crazy call with Santander - apparently their customer agent I just spoke to reckons that once you enter your card details into a website that constitutes consent to the company to take the money from you! I'm watching my account like crazy as these theives aren't getting my money.
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