Big fat mess re TDS, S8, HB delay etc!

[clocloclo]

Sometimes I weonder how things get in such a muddle!

 

I was wondering if I typed up what my situation is to date, that someone may advise routes I could take and what probably would be the outcome?

 

Just myself and 2 very small children, needed to move due to DV issues etc

 

Found on the net/gumtree a 2 bed place in another town, lady was due to emigrate(first time rented as was her home) and was putting onto 2 letting agents that night, but as I called then said she would do privately and would deal with her brother.

 

Met brother(gf present) to do exchanges etc

 

No G'tor was given

No references taken

This was due to my private situation and her desperation to rent fast.

 

Met brother and gave him £825 rent and £825 deposit. Forgot to get reciept, but kind of presumed the fact the tenancy says the rent was due(14th april and onwards) and there was a deposit, that it would be obvious they would not have signed a contract nor given me the keys etc

 

AST Gives landladys name, but address is her brothers. She refuses to give it to me.

 

Contract has a 'front page' then area for ll, t and witnesses to sign.

I signed, ll's bro signed as 'landlord', then ll's brothers gf witnessed both mine and his signatures. There are then 2 pages of 'clauses'. Somehow all 3 of us failed to sign any of these copies! Doh!

 

I was not given an energy 'doohdah' or gas safety 'doohdah'(technical ain't I!). Although apparently it was left on the premises in a folder.

 

The folder just contains a few booklets and a letter to tenants from the landlady(incl saying about a gardner(never has come) and that her brother will pop in time to time(er...yeah right! Not without my permision!).

 

We did no written inventory. There was some pictures taken(2 sets) and ll's brother asked me to sign all, then he would sign half at home, but half have not been recieved yet. Although they are useless as taken in bad(and flattering) light etc. Plus shows some fuirniture that was apparently left here. It was not and anyway, the AST is for unfurnished!!!

 

There are 2 sets of keys with LA's that LL was going to use, been told this was going to be sorted, but nothing has happened.

 

Ok...getting there!

 

LL Knew I was going to be claiming LHA and there may be a delay, said no problem etc.

 

HB is still being sorted as council are being a right pain and slow and I have to keep submitting same stuff, have kept pressurising them though I have been dealing with LL's brother as was not given LL details in other country etc. I have updated him as much as possible, but there is only so much I have been able to tell him in all honesty!

 

Now the contact with LL Starts

 

At this stage...rent was owed on 14th May...

 

31 May 08:53 - LL Calls - but I miss and call her back (cost fortune). She tells m,e she has used MY DEPOSIT as rent! Did not bother telling her it is illegal etc.Said I would go straight down council offices etc and update her brother(cheaper). I update her brother via text that day.

 

04 June 16:41 - LL Bro texts - with a really ars*y text. Saying where is rent etc, needs to be put into account for mortgage etc

04 June - I text LL Bro - Tell him basically, ok, ok, i'm doing best to sort council, but she has used my deposit, which should have gone into a legal deposit scheme anyway, so she is not actually behind etc

04 June 22:28 she calls, my phone is off as just gone to bed. Leaves message over 5 MINUTES long, saying she has set up new tenants and bro issuing section 8 etc...for 5 MINUTES!!!

 

05 June - I call LL Bro - Said to him I was not going to call her back as cost a fortune, go ahead an issue a section 8 ...just do it, can't argue with that etc, but stop nagging as I can't update if no info and I said I'd inform/keep chasing etc. What is problem anyway as LL is using MY DEPOSIT as rent anyway!!! LL Bro said that she should not had to 'illegaly use it, but was left no option', I said it was not hers to do so with, he said 'lucky she did' and then conversation fizzled out really!.

 

08 June 12:45 - LL Bro texts - wanting update and details of LHA Contact. Told him no update, but took some copies to office that day, but takes 3-5 days to process them etc, will update etc.

08 June 17:24 - LL Bro texts wanting details of LHA Contact. Text him i'm not at home so will text tomorrow PM

 

10 June 09:24, 09:25, 09:59 - LL Calls but I'm at hospital having bloods done. She leaves a 7 MINUTE message that I listen to around midday as hospital toook forever. Goes over same stuff as last message and she calls me a girl, which peed me off! She has only spoken to me twice so not happy with that.

10 June 08:40 - LL Bro texts - Wants info again(I told him, not back till the PM in previous text)

10 June - I text LL's brother - and tell him, (roughly, not actual words!) still no info, you have sent me a letter saying you will issue a section 8 for arrears, please do so, I will follow it through as by the time it gets to court, my housing will have been sorted and so I will not be 8 weeks in arrears etc. Please tell your sister therefore that she may want to cancel the 'lots of tenants she has lined up' and that I just has to listen to a 7 minute message and pay to hear it and I do not wish to be called a girl etc

 

So that is up to date today.

 

Whilst being here I have informed LL Bro that things need repair and has just kind of ignored me. Have reminded him about keys and he has ignored that. I also have asked for details of the TDS via email from the LL since moving in, but had no response!

 

When LL called, I called her back on tel that appeared on my mobile. She seemed shocked it came up.

 

This may be to do with the fact that I've had 3 lots of bailiffs wanting to remove my property unless I prove by passport I am not her! They all pesumed I was her at first and told me they wanted goods over £3k etc

 

These cards for which they seek monies or property are in her maiden name and she says it 'is a mistake' and not her and to just forward to her brothers address etc.

 

I signed on 6 June, for a letter(dated 05 June) saying that £825 is in arrears. No mention of any deposits. Pay within 7 days. Reserves the right to instigate c.proceedings etc. Then says for purpose of sec 48 of l&t act 1987 any notices should be served on (gives his address). Signed by him 'on the behalf of'

 

Right sorry, so long, but I have lots of things going on in my head, but thought i'd give all the facts and see what others may think of the big picture.

 

However...interestingly, this is my local court...

 

Tenancy Deposit Scheme | Nearly Legal

 

Universal Estates v Tiensia, Croydon County Court, 23 February 2009. Ms Tiensia was granted an AST on 19 May 2008 by UE. The rent was £2400 per month. A deposit of £2400 was paid in installments, with the last on 4 June. Ms Teinsia was in rent arrears from the start due to HB problems and the landlord served notice relying on grounds 8, 10 and 11 immediately after the second month’s rent was due. Ms Tiensia defended the possession claim and counterclaimed for the deposit and 3 x payment. The landlord registered the deposit with Tenancy Deposit Solutions Limited and faxed the certificate to Ms Tiensia.

The terms of the TDS Ltd scheme stated that the deposit must be protected within 14 days of being received from the tenant and details provided. On application for summary judgment, the DDJ held that the ‘initial requirements’ of the scheme itself (as well as s.213) required the deposit to be protected within 14 days. This requirement could not be satisfied once the 14 days had passed. 3 x deposit ordered.

Depending on the wording of the terms of the particular tenancy deposit scheme (and I believe that they are broadly similar on this point), this is a good counter argument on the late compliance point. If the landlord has not protected the deposit within 14 days of receipt and the terms of the scheme are that they must, then they quite simply cannot comply with the ‘initial requirements of an authorised scheme’ as per s.214(1)(a) and (2)(a). The details of the scheme itself are therefore important to check.

[clocloclo]

Whoah, that is long, sorry, just issues with internet, so not able to keep providing little bits of info if asked!

[clocloclo]

Oh and LL's bro is no fool...probably protecting a deposit on her behalf as we speak as I'm sure her could pay it, wheras she is seemingly chased, so no chance!

Edited June 10, 2009 by clocloclo

[Planner]

You need to stop communicating by text for a start.

 

Send everything in writing and request that all future contact from the brother/sister should be in writing and nio further texts will be responded to.

[clocloclo]

I have done that

 

Any advice on the situation?

[lindyhop]

what about your contacting your nearest Shelter Housing Advice Team as well.

 

dependant on your income they are a free service and can go through the background of your case with you, ensuring that you are aware of all your legal rights and also write to your landlord to put them right about things if they are breaking the law or acting unfairly. once Shelter step in and act on your behalf you can make it a condition that until outstanding issues have been resolved, your landlord must go through them. you will need to sign a declaration and authorisation form with Shelter to achieve this last point.

 

when going to the appt with Shelter take proof of your income with you to ensure that you dont have to pay (state benefit or low income).

 

by the way did you approach your LA for housing advice or to make on homeless application on grounds of DV? advise Shelter of the advice given to you by the LA you approached just to check the information given was correct. Shelter are excellent for requesting a judicial reveiw if there is any hint at all that the LA got it wrong.

 

with reference to your housing benefit ask for an interim payment if they still havent sorted out assessing your claim. as your home is under threat shelter can compose a letter to the housing benefit department for you asking for your claim to be fast tracked/interim payment.

 

good luck

[clocloclo]

Thank you lindyhop, I shall try contact them today

 

I got LA ans SS involved before...chocolate teapots!

 

 

 

 

Does anyone have any views in light of the case detailed at my local court?

 

What about the lack of energy cert?

[clocloclo]

Ooops...pressed enter and was going to say thank you!