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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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Letting agents do not give back a deposit. help?


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Hello again... I'm sorry, if these are stupid questions I ask...and I'm also sorry if they've been asked for million times in this forum.

 

It's just I'd like to do this thing right, and this would be the only place where to do that. I could get the solicitor, but..I'm afraid it would cost me my kidney, and I kinda like that thingy in my body..

 

Thank you for all who have answered and given some advice!

 

v

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Hi Verneers, I would use Planners suggested wording, just change it where applicable. If not enough room on the form, use a spare piece of paper, make sure you number the pages and put your name at the top of each page,as you wont have a case number yet. Good Luck, Im not an expert but I am going through the same process as you. You can find most the information you need on the stickies.

Good Luck x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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hey help me kick his butt! Thank you!

 

I am thinking about using N208 form instead of N1..as I understand, then the N208 deals with not putting the deposit in to the TDS...not sure am I right about this... anyway, I'm also thinking to put text from the sticky that Planner started... This would be the text:

 

'' The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £ 680 required by the tenancy agreement dated 15.09.07-31.05.08 in respect of the premises at [address] made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

 

And the Claimant asks that the court make an order:

 

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

 

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

 

3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date deposit should have been returned] to [date court claim submitted] of £______ [worked out using the court's interest rate calculator on their website], and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______ [worked out using the court's interest rate calculator on their website].

 

The Claimant is therefore seeking payment of £______ [four times the amount of the Deposit], plus the court fee and interest.''

 

Would this be the right one to use?

 

thank you!!

 

v

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hello!

 

Could anyone help me out with this...I'm trying to fill out the N208 form using the text from the post above. Now I'm not sure how to figure out the interest rate. i visited the court page where it clearly states how to do it.

 

0.00022 x 640 = 0.1408

 

0.1408 x 130 = 18.304

so the interest would be 18 pounds.

 

But what does this mean:

 

..and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £_______[worked out using the court's interest rate calculator on their website]...

 

?

 

Thank you!!

v

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  • 1 month later...

Good day!

 

I guess i would need a piece of advice again...

 

..I filled out the part8 claim form and went to the court on 03rd of november. on 2nd of december I received letter from court saying that the process has started and that the defendant has to reply until 18th of december...

 

Now today I received a letter from the LA (the letter was sent to the court too), which said:

 

''To put this matter behind us, we have sent a cheque for xxx pounds, being the bond for the property. We released this as a measure of good faith...

 

...with regards to the Tenancy Deposit Scheme, we are unsure why this was not registered, but assume this was due to a member of staff who is no linger in our employment. This has been discussed with the landlord of the property...''

 

..So they sent the bond money and I'm not sure what to do, because I was going to court because the bond wasn't protected with the TDS.

 

Is there a possibility for me to continune the claim?? (without touching the cheque..)

 

Thank you!!! You have helped a lot!

 

v.

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Absolutely continue with the claim. You are suing for Non compliance of TDS not just the return of your deposit. Your LL broke the law when he did not protect your deposit.

Do make sure that the letter that came with the cheque does not say in full and final settlement.

I have been told it makes no difference if you cash the cheque or not, but please do check before you bank it.

The fact that the deposit was not protected due to someone else's error is not your problem.

If I were you I would write to the court and tell them that you still wish to persue the claim.

Best of luck and keep us posted x

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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  • 1 month later...

I'm sure I read on another thread that you can only demand the address of the landlord from the LA if you are still a tenant of the property. Once you have left you can't make the demand??

(Correct me if I'm wrong.....)

The name and address of the LL should have been on the contract (at least a postcode) and if it wasn't then it may be invalid. Not sure that helps you now....

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I'm sure I read on another thread that you can only demand the address of the landlord from the LA if you are still a tenant of the property. Once you have left you can't make the demand??

(Correct me if I'm wrong.....)

The name and address of the LL should have been on the contract (at least a postcode) and if it wasn't then it may be invalid. Not sure that helps you now....

 

 

Hi Floppo, I fail to see the relevance of this at this point on this thread, am I missing something ?

Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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