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Redmax

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  1. Here's a link to most of the TDS cases that have been discussed on various forums. I'm sure there's something amongst them about a letter before action but can't remember where. Should also give you a good idea about what's happened with other cases. http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/151082-tds-case-outcomes-links.html If there has been falsifying of dates etc. and you have proof, I would definitely go for it because someone's going to have some answering to do. Good luck!
  2. Thanks Reneerana, I think you've done the right thing. Will let you know how we go on in a few weeks time.
  3. Solution : Council today confirmed only reason they didnt prosecute LL was because he had owned the property for over a year and they only have a six month window to take action and it would be difficult to prove when the electrical installation was actually done. EHO has now suggested we write to LL and say in view of this we are not comfortable or confident with his electrical capabilities but would be happy for a competent Part P qualified electrician to come to the property by arrangement to remedy any necessary work. We're happy to do this.
  4. I take your point Mr Shed but don't we have a right to obtain some proof of the safety/certification of the electrical installations before we allow him to come and further tamper with the electrics, possibly putting us at risk ?
  5. We have had many problems with our tenancy which commenced in March 08 including TDS claim which I have already posted in this forum. We rented a 1930's traditional semi-detached house from a private LL who led us to believe that just a single lady lived in the adjoining property. On moving in we began to experience various noise issues and to cut a long story short we eventually found out that the adjoing semi-detached house was in fact two self-contained flats. We felt the LL had gone to great lengths to avoid telling us this, particulary as we wouldn't have paid that amount of rent had we known the truth. At one point we asked him who the young man was we'd seen next door was and he said he was a lodger, in fact it turned out he was the tenant of the upstairs flat. When we complained to the LL he basically said there was no difference between a tenant and a lodger and that if we weren't happy we could leave........ but he would keep our £1000 deposit to cover the cost of furniture he had put in the house. Our AST is for a furnished property so obviously we had major concerns and took action by making the TDS claim when we discovered our deposit wasn't protected. There have many other issues : LL also only had gas safety check done and certificate issued after we made TDS court claim. LL wanted to continue to come to the property to use the garage to store things (no arrangment regarding this in tenancy agreement) and we have wrote to him telling him we will take further action if he attempts to do so. From commencement of the tenancy there have been electrical safety issues. LL rented property to us after being unable to sell, he had just finished redeveloping it including complete new electrics, or at least we thought he had ! We agreed for him to come to complete some electrical testing during the first week but it soon became apparent he wasn't sure of what he was doing, it took so long and he was continously on the phone asking someone questions. After making the TDS claim these requests to continue "electrical testing" continued and we took issue and asked questions in writing to him such as shouldn't this have been done before the house was rented out and had the works been certificated. He didn't anwser our questions and accused us of denying him access. We contacted Building Control at the council who confirmed he had not gone through them for the electrical work and, as he wasn't on the competent persons register to do such work, he should have done. They sent out a buildings inspector who said some of the work he could see looked illegal : electrical sockets directly under washing m/c water outlet, no isolator switches for appliances. He said he would be back to take photos but we never heard from him again. Someone else advised us to contact EHO which we did some weeks ago, he took details and said he would ask the Building Inspector to pass the notes on to him. By beginning of last week we still hadnt heard anything from him either and when we rang him he said the Building Inspector (who coincidentally is also a LL) hadnt passed anything on but he would write to our LL requesting an independent assessment of the electrics at the property. This morning we've received a letter from the LL saying he wants to come next week to "ascertain the validity of the complaint". We're not sure exactly what the EHO has said to him as he said it wasn't normal practice to copy such letters to us. Last week the LL also served a Section 21 on us, not that we're bothered we wanted to go at the end of the six months anyway after all this hassle. Although we have no rent arrears, we're aware he can still do this. We don't really want the LL to come to the property as there is so much animosity between us and the council seem very disinterested in all this and it's extremely difficult to get to speak to anyone there. Also they say they no longer have a Housing Officer who deals with tenancies. Any advice please would be very welcome. Thanks.
  6. Hi Reneerana To be honest I'm not sure. On the allocation questionnaire we just put basics of the claim and reasons for making the claim, we didn't mention LL's defence, but not sure if that was right. We are though going to put our response to LL's defence on the witness statement that we've been asked to provide before the court hearing. Not even sure if this is right but think it's better to put it down in black and white somewhere, just in case we aren't given the opportunity to say so at the hearing. Will let you know how we go on and good luck with yours !
  7. Our TDS case goes to court early August (LL protected deposit on receipt of court claim) so have researched as much as I can from sites such as this to use in court. Thought it might be useful to others if I posted links to the various cases that I'm aware of, especially as it seems to be quite a "hot topic" these days. Would also appreciate any details of other cases out there that are not mentioned here, thanks. First successful case : http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/138758-tenancy-deposit-case-section.html Successful case for just x 3 penalty : http://www.landlordzone.co.uk/forums/showthread.php?t=8739 Successful case won on default : http://forums.moneysavingexpert.com/showthread.html?t=835421 Successful case (settled at last minute before court hearing) : http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/124339-tenancy-ended-deposit-not.html Case lost on technicality about tenancy renewal : http://www.landlordzone.co.uk/forums/showthread.php?t=10810 Case lost as judge ruled claimant was no longer tenant : http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/149606-deposit-protection-total-waste.html Don't be disheartened by the "lost" cases because, as you will read, a lot of people think these should have been appealed !
  8. From this link to court fees I think an appeal will cost £100 : http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50.pdf Good luck if you decide to go ahead !
  9. Gas Safety for Tenants Link to HSE website (includes template letter to landlord requesting to see gas safety check record) http://www.hse.gov.uk/gas/domestic/faqtenant.htm
  10. The worrying thing here though is that in a recent lost case posted on here the judge ruled you couldn't claim after the tenancy had ended This is the link to it : http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/149606-deposit-protection-total-waste.html
  11. So sorry to hear that especially as I have a case coming up soon (although we are still in the tenancy). Doesnt sound right to me though cos surely a lot of tenants are only going to find out their deposit isnt protected when they have problems getting it back at the end of the tenancy. I think any new laws should come with guidelines/instructions for judges to avoid this happening. In my view you have been penalised with regard to the court costs for bringing the action and that's not right. Is it too late to appeal ?
  12. Thanks Rennerana. We've still got several weeks to go before court date so busy gathering all the info I need.
  13. Hi Reneerana Here's the wording you asked for on my other thread. Don't take it as 100% accurate though as I'm no expert and as I said I had to adjust the wording from Planner's original to make it fit on the moneyclaim website (I even didnt claim interest to save space!) The claimant makes a claim under the Housing Act 2004 section 214 (1)(a) that the deposit of (insert deposit amount here) for the Assured Shorthold Tenancy for (insert address here) was not paid into an appropriate tenancy deposit scheme in accordance with section 213(1) of the Housing Act 2004 or the claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was to hold the deposit within 14 days of the defendents receipt of the deposit on (insert date deposit paid here) in accordance with section 213 (3) of the Housing Act 2004. Therefore: 1. The claimant asks that the court makes an order in accordance with the Housing Act 2004 section 214 (3) to the sum of (insert deposit amount here). 2. The claimant also asks that the court makes an order in accordance with Housing Act 2004 section 214(4) to the sum of (insert 3 x deposit amount here). We are making a total claim of (XXXXXXX = deposit + 3 x deposit + interest if you're claiming it + court fee). Please check through this though and compare with Planner's thread link which I gave you as I can't guarantee it's correct, as I said I had to cut out some of the reference to wording of the act because of the lack of space on moneyclaim. Good luck again!
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