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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Landlord problems with deposit and gas safety certificate


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Hi,

 

I am hoping for some advice, as I am deaf so cannot call any advice lines to help!

 

We started renting a property in February, we urgently needed somewhere to live so when we found a house that looked ok we were keen to finalise the matter. We gave the landlord £300 for part of the deposit (and received a receipt) and then when he brought the contract round we gave him the other £195. He did not have his recepit book with him so did not get receipt for this half.

 

We did read the contract, but was quite stressful and was keen to finalise so neither of us spotted the clause that said "No deposit is payable by the tenant to the landlord under the terms of this agreement".

 

We have since requested a receipt for the rest of the deposit and a copy of the gas safety certificate, but have not received these.

 

From what I have read, he has to provide us with the safety certificate. Also he told us the previous tenants removed a gas fire from the kitchen - I believe this means he should have had a new safety certificate done is this right?

 

As to the deposit - where do we stand? I have a receipt that says for part payment of deposit, but its only for the £300. What about what the contract says?

 

As he has not provided details of where deposit is held it seems likely it is not under a scheme so should we apply to the courts for its return and compensation?

 

Who do we follow up the safety certificate with - the local authority? Environmental health? The HSE?

 

Any advice on where to go from here would be appreciated.

 

Thanks

 

Purple R

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You need a gas safety certificate for each individual gas appliance in the house.

 

I don't know how this is enforced. I assume environmental health.

 

Unless the deposit was to hold the house and is now considered rent, then it should be protected. Possibly you should not have given over 195 without a receipt...!

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Your property shouldn't have been let to you if there was no current gas safety certificate. In addition your gas appliances must be serviced every 12 months, you should be given a CP12 certificate, and also stickers should be placed on the appliances stating when it was done and when itis next due. Any deviation from this and you can contact the HSE (Health and Safety Executive) google them and you should be able to contact them by e-mail, explain you are hearing impaired, and they will make special arangeents to deal with you.

 

Regards the tenancy agreement and the deposit, google Shelter, find thier local office and pop in to them with your agreement. They'll sortitout for you.

 

Good luck

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