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My wife has appealed DWPs decision to withdraw her (our) income support. GL24 was sent off yesterday.

Do DWP have a certain time in which to let us know if they will change their decision, or refer it to tribunal?

Also, as a result of IS being stopped, our Mortgage Interest Support has been stopped. Presuming we win our appeal (there is caselaw to back us) will MIS automatically be re-instated and backdated?

Tanks

You are right that the deposit issue could be a useful bargaining tool.

Recent rule changes mean that the penalty is now between 1 & 3 times the value of he deposit, but you can claim after the end of the tenancy.

A problem for you is that such a claim should be heard in the 'multi-track' where your court fees will be over £1500, but I have heard plenty of anecdotal evidence that they are sometimes heard in 'small claims'.

The threat of up to 3 x penalty and your huge court fees, and possibly huge solicitors costs if heard in multi-track may encourage your landlord to be a little more flexible. If he does agree, get it in writing this time - no conditions attached.

Of course, you may still decide to take action after you move

Whilst I agree that from your brief description, it sounds as if you shouldget back at least your deposit, and possibly admin fees (depending on what you agreed), getting it back quickly may not be easy.

Your course of action is to write them a letter telling them that you want your money back within 7 days or you'll take legal action, and then 7 days later commence a court claim (after all, that's what the courts are for).

I would, however, see if you can contact your local 'trading standards' first to see if they can 'encourage' the agency to cough up without the hassle of a court claim. If the agency are a member of a trade association like ARLA, they may be able to help too.

You do not have to leave on the expiry date of the notice. However, some would argue that as it is not a 'notice to quit' then if you leave on any other date after that, you would be obliged to comply with the 'common law' notice requirements - which is a minimum of one month, to end on the last day of a tenancy period.

You do not have to leave until a court order is obtained and enforced by bailiffs. However, if the landlord has to take court action, then you may be ordered (by the court) to pay the landlord those fees.

Thank you BankFodder -

Have made the FOIA request.

A brief conversation with the local councillor (proper meeting booked) resulted in a passing comment that there are others with issues over the same 'works'. Does that aid my situation?

Some 12ish years ago, my local council conducted repairs to most of the private houses in our street. In our case, this included a new roof, double glazing and re-rendering the property.

This was a brilliant deal, we paid around 25% of the 'real price' the rest being funded (iirc) by an EU grant.

The works did drag on, and the render was removed in the Autumn but not replaced until the spring.

Around 3 years later, a crack developed across the front of our property just above the ground floor windows, it transpired it was caused by a metal beam that crosses the front of the house having got rusty during it's exposed winter, and as the rust progressed, it pushed the render and cracked it.

This was around 2003.

The council removed the render off the entire front of the house but didn't replace the rusty beam, they painted it and then used a metal mesh on the front of the property called 'renderlath' so that if the beam re-rusted despite the paint, the render would not crack.

Now in 2012 I have crack running across the front of my house, again following the line of the beam.

A quick google shows details of complaints against the builders over the quality of workmanship. But there isn't much detail - the web wasn't the same as it is now!

How long should building work last? Would I have a claim against the council after 9 and a bit years? At least 12 since the original work was done & paid for?

I thought I could claim on my buildings insurance - but as it isn't subsidence or storm damage, aparently I'm not covered

The landlord will still need to get a court order to evict you.

If you have 2 months rent unpaid, he can issue a s8 ground 8 - and if you still owe so much at the hearing, the judge has no choice - bye bye.

If you have even 1p rent unpaid, he can issue a s8 ground 10 - if you still owe rent at the hearing, the judge has to decide if your actions are sufficient to warrant evicting you.

Alongside oth of those, ground 11 is usually used - repeated late payment. Again the judge has to decide if your actions are sufficient to warrant evicting you.

James, I didn't intend to be 'cocky' (as I now think I may have been) but it is by no means clear that jj1986 has an AST - there are hints at 'excluded occupier' and the last thing jj1986 should be doing is confidently spouting irrelevant law at the landlord - that will have nothing but negative effects.

Hi,

I work for Shelter, the housing charity.

You may be able to take her to court if she didn't protect the deposit in a government-approved scheme.

You could get compensation up to 3x the amount of the deposit.

Shelter is campaigning on this issue at the moment and we may be able to offer you free legal assistance to do this.

Contact me on james_mills at shelter.org.uk if you'd like to know more.

Regards

James

Please note that this advice only relates to Assured Shorthold Tenancies, not lodgers or assured tenants.

Hi there,

 

Sorry for the late replies the contract is AST it says at the top. Also can anyone translate this for me above where he signed the agreement and myself.

Essentially, it means he can use section 8 or section 21 if appropriate. It suggests he can just walk in and take over if a tenant is in breach, but that wouldn't apply whilst the property was let on an AST (because he'd need an s8 or s21 court order). These unenforceable terms often appear in tenancy agreements because they can be used if the tenancy ceases to be an AST - for instance, if the tenant sub-lets it is no longer an AST.

Your tenancy began at 00:00 on 26/8. The section 21 notice was also served on the same day, but a judge is likely to believe it was served 'after' 00:00 if the landlord can convince him of the date it was served (and you admit 26/8).

Contact the DPS and find out what date your deposit was protected from. If that date is before 26/8 then the s21 seems to be in order.

The law requires "Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received", so it is perfectly okay for it to have been protected before the tenancy commenced.

Do you remember seeing a document containing this info: http://www.depositprotection.com/documents/prescribed-information-template.pdf

And this document: http://www.depositprotection.com/documents/terms-and-conditions.pdf ?

You state the expiry date is 25/8/12, is that after 25/8/12 or on 25/8/12 because if it is the latter, they are seeking possession during the fixed term of the tenancy, which they can't do. It is a weak defence, because section 21(1)(b) doesn't even require that an expiry date be shown, so the date is largely irrelevant, but it is worth a try.

The flat is £X per month, no matter how many people occupy it - not X/6 each.

1) Yes, you have a tenancy of 123 High Street, and you can prove what 123 High Street is. Of course, if you are not allowed access to land that you are paying for, then you would presumably expect a rent reduction? There would certainly be the basis of a court claim, but I guess you'd want to avoid that.

2) Any hassle - talk to the Tenancy Relations Officer at your local council.

3) Yes, you would have to reinstate the fence at the end of your tenancy - though you may get the landlords agreement to leave it down - if so, get that in writing.

The landlord had no obligation to 'protect' your depoit as that only applies to AST tenancies, which yours was not (resident landlord).

This may repeat what you already know, but may be useful: http://tenancyanswers.ucoz.com/index/court_information/0-53

Read EX50 regarding fees, and ex160a refarding fee remissions http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

Are you on a joint tenancy or a sole tenancy just for your room?

If a sole tenancy - tough! You rent your room and your room only, you have shared use of certain facilities, but you do not have 'rights' over those areas other than what the law provides (eg, electrical appliances must be safe).

If a joint tenancy, then you could check on the land registry website (£4) which should have a map of what your tenancy address includes. Unless the tenancy agreement states otherwise, you have a tenancy of everything shown on that map. That doesn't mean the landlord has an obligation to maintain it (indeed usually a tenant obligation) but it does mean you can gain access to it and tart it up as you see fit, so long as by doing so you do not 'damage' the property.

Does DPS allow for deposit paid by installments?

If the tenant has exclusive use of a property (which could be an individual room), it's in England or Wales, the rent is under £100k pa(!) and the landlord does not live in the property, then it is an AST.

If it is an AST the deposit should be protected, and should have been protected since the first part of it was paid.

Is the floor timber?

WRT 2 year contracts.

There is nothing in law to prevent you getting a 2 year contract (if 3 yr + it has to be a 'deed'), it is whatever you and the landlord agree.

My suggestion was a bit naughty actually, because I wasn't suggesting a 2 year contract, I was suggesting you get in writing that you wouldn't be evicted for 2 years.

A 2 year contract would tie you, as well as the landlord. My option would only tie the landlord. You couldn't put that in a contract as both sides have to have similar rights.

Hi guys this is my first post so hopefully im in the correct forum!

 

My land lord came round sunday afternoon for a routine inspection. He noticed that one of the bathroom floor tiles is cracked. I agreed that it needs replacing but instead of replacing the one tile (which im sure would be almost impossible to find the correct match) he suggested i take all the tiles up and replace the entire bathroom floor with lino that he would choose and i foot the bill! this seems extremely over the top and far too expensive for me to pay for. I was wondering if this would be general wear and tear? any help or advise will be appreciated.

 

thanks in advance.

Wouldn't expect that to be wear and tear, but if the floor was newly laid within the last 12 months, could be incorrecly laid - especially if they are ceramic tiles on a wooden floor.

I'm not sure the best way to suggest it, but I'd want to live with it and let the deposit scheme decide how much was appropriate for the landlord to charge - I think it would be a pittance.

If I didn't want to live with it, and I hoped to stay for some time, I may be willing to go halves on the vinyl (depending on bathroom size) so long as I was involved in the choice of vinyl and the landlord provided me with an assurance in writing that I wouldn't be evicted within a couple of years.