Lawdoctor / Mr. Shed, Thanks for your input. The tenant is not willing to see the merits of my offer and can you believe this paid £20 directly into my Bank Account, when the actual rent is £850. I send him a letter with a refund of the £20, saying I have no idea what this is for as he is aware to pay the full rent and arrears outstanding to my appointed Property Management agents Bank Account, that he holds. As he sent a copy of the letter to the court. I know he is trying to dodge paying, I have told the tenant I have closed my Bank Account so he must only pay rent and outstanding arrears to the agents Bank Account as I instructed him under s.48 of the Landlord & Tenant Act. Ever get get days when an ICBM would come in handy, such as strapping the tenants to it and setting off a 20 Mega ton Nuke. Regards,

Lawdoctor, I have sent the following letter to the tenants. Regards, ----------------------------------------------------- Dear (edit) , Open letter (with prejudice) to you as tenants to the effect that as a pragmatic person I am prepared to - 'without prejudice' to your contention that the deposit claim will be thrown out of court, based on the legal file that is being prepared along with the application to the court to use this same hearing to invite the court to 'stay' the proceedings in accordance with part 3 3.1 of the rules. This will have the effect of allowing my possession claim and claim for rent arrears to be heard before the deposit case. I am confident that my own claims for damages and rent arrears will be successful, however I will make an offer as follows: I agree that if you the tenants gives up total possession of the property I will return in cash the £850 deposit and forego my right to pursue any other legal remedy against you. I would like to inform you as the tenants that should he fail to take up this non-negotiable offer I will report the circumstances of how you have deceived me in granting you the tenancy to the Borough Commander for Southampton police district Chief Superintendent (edit) and request him to appoint an officer of his force to enquire into your alleged tile restoration company in both London and Southampton where I believe evidence of offences under the Fraud Act 2006 will be unearthed, along with offences against the Value Added Tax (VAT) and other tax offences in contradiction to the requirements set by HM Revenue. I am also aware of the following: Self-employed workers - you are treated the same as other EEA nationals and will be able to claim Housing and Council Tax Benefits whilst you are working. If you stop working as a self-employed person you will be subject to the worker authorisation scheme and will probably lose your right to reside within the United Kingdom. Obviously this being why you won’t claim Local Housing Allowance (LHA). I give you until 5pm on Monday 01 March 2010 to accept my offer. Yours sincerely K 　

Lawdoctor, Thanks for your information. I will study what you said. Kind regards.

Lawdoctor, No tenants are not represented

s.8 served by Letting Agents in Januray 10, when I appointed them after this all kicked off. Have allplied for confirmation from mydeposists.co.uk Expiry daye of s.8 02/03/10. Tenant was told to pay landlord since I appointed them, he did try paying £66 in January into my RBS account after he was told to deal only with the Agent and I returned this £66 saying I was not aware what the cash payment was for and to re state as he is aware to pay the full rent of £850 to the letting agents bank account, he then ignored this and paid £20 cash into my RBS on 15 February 10, I did the same thing, sent him a cheque and letter saying I had no idea what he is paying £20 in cash into my account and to pay the full rent into the Letting Agents Bank account. Obviously he is trying to pull a fast one. Juts like I had £20,000 spend on the property in 2007 for an internal , make over, new electrics, kitchen, bathroom ,wood flooring. Then he sends me a letter in Januray 10, saying he needs copy, electric cert, wiring needs checked, wants my insurance policy, etc. I have everything all gas, elect etc EPC in order. I know he is doing this to try and use s.11 to justify not paying rent, which is rubbish as property is in excellent order. I now know why he won't claim Local Housing Allowance (LHA). Firstly, he lied to me when I gave him the tenancy, he said that he had an up and running business tile restorations. He had been repairing Victorian tiles in London, mostly insurance claim jobs. Now I know since he moved in to my property in , showing me his web site before he moved in June 2009, he has not done a days self employed work. So maybe he built up savings, then decided to stop? He told me he wanted to move to Southampton from London to set up the same Victorian tile repair, but I always thought it sounded a bit strange. Yet I never questioned as the rent was paid, until December 2009, when this all kicked off. Now I believe his Wife and children has returned from being placed by the Police into emergency family sheltered accommodation due to his violence in January 2010, for one reason only to stop being deported to Lithuania, as I now remember when I asked him if his Wife and Children were coming back, he mentioned they could be deported. Now I have read that a Lithuanian can't claim housing benefit and if they did they would be deported! That's obviously why he is hell bent on not claiming LHA benefits and looks terrified when I said this, obviously this is why he is doing everything he can not to claim LHA, and making on he is actually self employed, which is actually a fictitious lie and they are living of Child Benefit which they can claim and to top up his savings and free accommodation he is doing this to me. Surely, a judge made aware of this will agree he is actually trying to stay in the UK without actually working and trying not to show this, by not claiming LHA. I have attached details on this in yellow as shown below: Could you let me know what you think on this if I have a valid point we can use> Top of Form 1 EEA Nationals who have no prospect of finding work or becoming self-sufficient may be considered an unreasonable burden on the state. Inactive EEA Nationals such as Pensioners or Lone Parents, making claim for benefits, would need to demonstrate that their private funds would resume before long and that they would not be an unreasonable burden on public funds. 3. The Habitual Residency Test Provided you are not subject to immigration control a decision must be made as to whether you are “Habitually Resident” here. “Habitually Resident” is not defined in the Housing/Council Tax Benefit Regulations and has been subject to legal challenge in the courts. In deciding whether you are “Habitually Resident” here we shall look at such things as: Why you came to the UK. Whether you have lived here for an “appreciable period”. Whether you have the intention to settle and make a home here. Whether you have a settled pattern of living here. Why you came to the UK. In making our decision we shall look at your whole situation to make an informed judgement. You will be treated as being “Habitually Resident” in the UK if you are: A recipient of Income Support, income-based Jobseeker's Allowance or Pension Credit (The Dept for Works and Pensions will have already checked your eligibility for benefits). A refugee. Someone given exceptional leave to enter or remain in the UK. A former asylum seeker granted Humanitarian Protection or Discretionary Leave by the Home Secretary. Someone who has been deported to the UK. Someone who left Montserrat after 1 November 1995 due to volcanic activity A national of Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden (EEA nationals) Cyprus, Malta and Switzerland and you are a worker or self-employed. A national of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, the Slovak Republic or Slovenia and you are self-employed, or working and registered (or exempt from registering) with the Home Office Worker Registration Scheme. (During the first 12 months you will only be eligible for income-related benefits whilst you are working. Once you have worked without interruption for a period of 12 months you will have the same rights and access to income-related benefits as other EEA nationals). A national of Romania or Bulgaria A recipient of Income Support, income-based Jobseeker's Allowance or Pension Credit (The Dept for Works and Pensions will have already checked your eligibility for benefits). Highly skilled workers have unrestricted access to the labour market and you will be able to claim Jobseeker's Allowance and, if in receipt of that benefit, Housing and Council Tax Benefit whilst you look for work. Skilled workers, authorised by the Home Office to work for a particular employer, you will be able to claim Housing and Council Tax Benefit whilst working. If you stop working you will no longer have a right to reside as a worker or claim income-related benefits. After 12 months continuous employment you will have the same rights and access to income-related benefits as other EEA nationals. Low skilled workers: Employed in the sector based scheme in food processing - you will be allowed to work for one employer for up to 12 months. Whilst working you will be able to claim Housing and Council Tax Benefits. After 12 months, even if you lose your employment , you retain your worker status if you remain in the labour market. Employed in a seasonal agricultural workers scheme - you will only be allowed to work for six months at a time and must have a break of three months between employment spells. Whilst working you will be able to claim Housing and Council Tax Benefits. During employment breaks you will not be able to claim any income-related benefits as you will lose your worker status. As you cannot accrue 12 months continuous employment you cannot gain full EEA worker status . Self-employed workers - you are treated the same as other EEA nationals and will be able to claim Housing and Council Tax Benefits whilst you are working. If you stop working as a self-employed person you will be subject to the worker authorisation scheme and will probably lose your right to reside unless you are self-sufficient. What if I am an Asylum Seeker? An asylum seeker is someone normally subject to immigration control who seeks to enter or remain in the UK by applying for asylum as a refugee, or who indicates a fear of being required to return to his or her country of origin. Asylum seekers entering the UK from 3 April 2000 are excluded from receiving Housing and Council Tax Benefits and other social security benefits. As an asylum seeker your only rights to support are through the Home Office asylum support scheme managed by the National Asylum Support Service (NASS). Since January 2003 NASS support can be denied to any person who does not apply for asylum immediately on entering the UK. Once your application for asylum becomes accepted and you are granted refugee status you become entitled to benefit in the normal way. This information is for guidance only. Please contact us to talk about your individual circumstances and we shall be able to give you more information. Do you think I can use this?

Lawdoctor, Thank you, sounds a good plan. Just to pad out, the Guild of Residential Landlords are preparing an evidence file for me, using the recent court case and how the mydeposits.co.uk wording has a similar meaning, thus the positioning that my case is similar so should have a similar outcome. I have sent an urgent email to Mydeposits.co.uk requesting confirmation as you mentioned. As the tenants are 2 months in arrears, I have to wait 14 days and my Property Management Agent sent the s.8 and s.21 on 16 February 10. So when I submit my ‘acknowledgment of service (part 8 claim)’ by 4pm on Friday 05 March, I will do as you say have the ’deposit’ claim stayed pending outcome of my s.8 claim. Am I right in thinking you can complete on line the N5B accelerated eviction? Or would I need to physically call into Southampton County Court to tell them as you say to make the deposit claim’ stayed’, but hand in the acknowledgment form and my evidence, and tell them I have completed and paid online for the N5B accelerated eviction order. Thank you. Kind regards.

Lawdoctor, Being the Landlord do I ask for what you said, or is this just for tenants? Thanks

Lawdoctor, I am being offered some very good advice on here and by the Guild of Residential Landlords being a member. My main focus is to use the recent High Court case as my deposist.co.uk use similar wording, using this plus the tenants not paying £850 rent for 2 months. I now know there is information on the x 3 deposit penalty in the Housing Act wording, but you would think all 3 deposit schemes would have this wording in red accross the paperwork then every Landlord would focus on by hell or high water getting the deposit sorted within 14 dyas, in my case I had Kidney stones and was then feeling like I was on deaths doors steps, but I unders s,214 eveb this or death can be used to justify not complying. I do hope the Judge can see I am being ripped off or the tenants 15,000 or so friends that have moved over from Poland to Southampton will thinks its Las Vegas, with every Landlord a potential guaranteed cash win. Thanks for you input.

Thanks again for your help. Kind regards.

Do you think I should do as Blitz said, send the tenants a letter stating : "It might be worth an out of court letter explaining the Draycott v Hannells defence and any claim will be vigorously defended in court". Thanks.

Will do. Thank you

Mr Shed please accept my sincere apologise if I came over as a bit of a ‘t--t’ I only want to save having to pay out a large fine, when in fact I have a sick daughter aged (12) and I need the money for Kelly. I am also having work problems where I could loose my job of 15 years and to have the stress of a tenant not paying rent that I have to cover on a £900 per month Buy to Let mortgage is really putting me under a lot of stress and then to have the tenants demand £3,400 plus cots, when I protected the deposit, soon after they moved in, is all a bit much. I am very sorry if I offended you. I apologise. Steve. Thank you very much as well for you help. Thank you both very much for any help you can give me.

I advise you to protected the deposit ASAP as I am having problems where I protected the deposit a few weeks over the 14 day timeframe and the tenants are taking me to court under s214 to claim the deposit is refunded and x 3 payment of deposit as penanlty, being £3,400 plus costs. The tenants owe 2 months rent and think I am a charity as well as a bank account to pay them for staying> £850 pm on me. So make sure the deposit is protected, make sure a AST is in force, you have all the gas and advise electtric safety certs. The payment of Local Housing Allowance can take up to 8 weeks, but cahse. How can 1 window and cleaning acarpet cost that much? Do tenants and agents think Landlords are open the new way to make money? After all if you have Buy to Let mortgage on the Property the whole point is to use the rent to pay for the mortgage and hopefully have some profit to show in the future. Call into your Agents office and nail down that they have a deposit protection in place as you need copies of everything. Remember the Agent is in it for the money, juts like my tenants in it to rip me off. My thread is on here under worried Landlord. Good for us the Landlords to stick together. Kind regards.

Mr Shed , thanks again. It all boils down to the fact I have tenants not paying rent and there are examples where Landlords like me in good faith protect the deposit and then the tenants think 'Charity time' lets rip of the Landlord. I would be interested to hear from any other Landlords that have hit a bad experiance like I am suffering at the moment. Thank you.

Any legal advice appreciated, thank you