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Everything posted by landlor

  1. Thanks for replies, all. Basically I am not happy with the adjudication of DPS and if the T goes to court, I would like to counter-claim. Will I have to pay the court fee if I want to make counter-claims or to move the case away from SCC?
  2. Ah. The court procedures are so challenging.
  3. Thanks Mariner for a to-the-point the reply. Just one more question. In case I bring it in SCC and SCC drops it, then (1) Will I lose the fee as well (2) Does it make my case weaker.
  4. Hey ericsbrother, i did not understand this part. Can you please explain. It was an AST in England.
  5. I have not had opportunity to get to Citizens Advise Bureau for legal advise. I can definitely not ask CAB lots of question as they have limited time for each appointment. I am just requesting the information as to since when has tds non-compliance been allowed to be dealt by SSC or MCOL. Was there a change in system recently or it always was there?
  6. Hi All, Since when has tds non-compliance been allowed to be dealt by SSC or MCOL. I thought they are dealt in country court only.
  7. Hey Bazz, I read somewhere on this forum that the court fee for tenants could be upto 1k+. When is that the case? I can see that the cost for hearing in a multi-track court is £1050.00. Can I in any way push the settlement of the case through hearing in multi-track court? Also if not the solicitor's fee, will I have to pay the court fee (whatever it is ) or does the court not order that.
  8. Hey Mariner, Thanks for getting back. The deposit was £700.00. What I meant by wear and tear is the damage. I had claimed more but DPS adjudicated £500.00 and we settled. So no issues there. Mariner, Given that court fee itself will be around 1k+ and solicitors fee at least around £300.00, will it make sense for the tenant to claim 1-2x penalty?
  9. Hello Friends, Thankfully I just found this website which I think is great. I am an old landlord and did not know about the deposit protection laws. I had this tenant since April-2011 and vacated in Nov-2013. I deposited the money after the tenant asked me about it in Jan-2013 and also gave him prescribed booklet from DPS. it was ONLY then that i came to know about the laws. I only deducted small amount (£500.00) from deposit because the wear & tear were not much and have been reasonable with him always. However he is now chasing me for delay in protecting his deposit as per Localism act which came in force in April-2012. How far will he be successful in his claim at court? What is the trend these days on this law. I mean is the law more to scare the Landlords or do the landlords get penalised. Is there any argument I can present in my defence.
  10. I am taking the LL for delay in protecting and not providing "Prescribed Information Booklet" at all. I will add the rest of points to project that the LL always had intention of retaining my deposit, given the kind of claims he made with DPS. He clearly had a plan in mind to deceive me but could not because I frustrated his plans.
  11. The LL did not protect my deposit for any of the previous two years and also for the current year when he did deposit after I chased him for it a few times ( I have an email in this regard), he did not send me the prescribed information booklet. Does this info make any difference to the case.
  12. The very fact that some of the so called senior members have so many posts shows that this is what they do day-in and out. And I have read many of their replies. All of them smack of scare mongering.
  13. That reply, however you read, only says that don't chase the landlord for penalty. The fees can go upto 1k+ I could possibly have to pay for LL's cost. What are these these points. It is valid that the losing side pays for the cost of other side but that applies equally well on both sides. Even if this was an FYI, the overall tone of the reply is not neutral. That reply does not reflect a neutral viewpoint. As I said there definitely are people from LL organisations who probably are paid/employed to be a scare monger. In my case there is no dispute on deposit as that has been adjudicated and returned in full by DPS already. The LL is not happy with the outcome and says he will bring-up those and some new losses to the court if I were to pull him to the court. So my question was what is the correct process to follow., given my situation explained above. I came here to find the correct court forms etc so as to avoid following a wrong procedure and making my case weaker.
  14. Yes the deposit is sorted. The LL tried all stunts but DPS gave back all the money to me. Why are you so pessimistic that I may get least possible and that the expenses may be highest possible. Most people are well aware that the losing party pays for the expenses of winning party. So if my case is right, then there is no reason for me to be scared. Stop being a scare-monger. You response really smacks of you being member of some Landlord's association in cheap suit. I know there is a mariner on this forum as well on this forum who is your professional cousin. Why will I need a barrister?
  15. My joint tenancy ended last year on 7-June-2013. It was joint tenancy which started in Dec-2011 , ending on Nov-2012. The other two joint tenants left mid way through this period and I stayed on. [with other new friends that came along and shared the apartment. All this in full cognizance of the landlord.] The landlord had not protected the deposit until Nov-2012 when I started asking him deposit-id and he eventually deposited with DPS but late by almost ten months. I am now relatively free from work and family and want use time to claim the penalty from landlord for delay in protecting my deposit. I have spoken to the landlord about it and he wants to see me in the court. The deposit has already been adjudicated by DPS. As it was joint tenancy, I have obtained letters from other two tenants authorising me to act on their behalf in this matter of claiming penalty I need advise on what I need to do next: I mean which court forms I need to fill and what are the things I really need to be cautious of. Thanks for your help/advise. Regards
  16. Hello dx, They did not visit my home. I managed to stop that from happening. However my family members were really thrown into tizzy after reading their letter. I think my main question has gone unanswered: Can I claim compensation from council for their negligence in duty as it impacted my peaceful life?
  17. Hello Silverfox, Yes it was indeed a bailiff company called NewLyn. The letter they used to send stated that they have done inspection of my house and that they would turn-up anytime and remove goods/vechiles from my house even in my absence.
  18. Does that mean someone can keep scaring me endlessly, unless he/she actually inflicts a physical harm? Is there no compensation for mental agony caused?
  19. Hello dx100uk, Many Thanks for the reply. Are there any legislations for this. Can you please tell me so that I can refer to those legislations while claiming. Thanks.
  20. Hello Friends, I have had a recent bad experience with council. I had some overdue council tax, which I cleared upon being brought to attention, back in November. However by then the council had passed on my name to a debt collection agency. I explicitly asked them to inform the debt-collection agency that I have cleared the payment and there is no outstanding any more. Due to council's negligence, my name was not moved and the debt collection agency continued to send their threatening letters. It was so scary for me and my wife to read the letter. I had to call the council again and they admitted that they had made a mistake and then they finally removed my name. Now my question is whether I can claim compensation as redressal for all the harassment and stress that I had to go through due to councils act. I really don't want the council to just get away with an apology. Please advise me on this. Thanks
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