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    • Is that your name on the Lloyd's Pharmacy label? If it is, I suggest you use a program like Paint to obscure it.   You should be able to upload a file with multiple pdf files if you read our guide - click on the word upload.   HB
    • Ok so the charging order or restriction remains in force, no time limit.   I'm back now to finding a CS who understands that the restriction merely requires them to notify the council AFTER the house has been sold [as per post no. 17] and can explain that to the buyer's solicitor so the buyers are reassured and proceed with the sale. I can then pursue the case with the council when they receive notification of the sale as no doubt that will fire up the case again after being dormant for so long.   If anyone can recommend a CS they've used before in similar circumstances or one they know has experience of this I'd be grateful. Thanks
    • Well it seems slamdunk to me. Not only that but they refer specifically to the original order and that they ask you to sign and "amended order". The only other explanation is maybe they have received it from you. Could that be a possibility? I think I would initially drop them an informal line – by email and by letter saying that despite the amended order which you agree to on XXX date, you now see that the money which has been paid out you has had the full £850 deducted. With a please explain why this has happened and why the terms of the amended order you understood had been agreed had not been. Suggest that you send that after them immediately and will see what comes back. Maybe it is simply some misunderstanding and there is no point jumping the gun and started to issue threats if there is some innocent explanation. It certainly sounds a bit strange  
    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
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Jenny269

deposit not protected. Advice Please

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Hi, Desperate help needed pleaase as there seems to be confusion over a couple of things

 

First I shall highlight Some background as to my situation:

 

- Tenancy started July 2008, moved in September 2008. Tenancy expires beginning of July.

- Joint tenancy with 3 other housemates excluding myself.

- When we moved in the house was filthy: rubbish, slugs, mildue, holes in floor! I actually had my first asthma attack in over 5 years sleeping there. It was unfit for human habitation.

- No information about whether our deposit was protected or who with, not after 14 days, not even after 6 months.

- After couple days of moving in and hours cleaning the place we complained to the landlord and demanded him to do a clean of the house but he pretty much refused based on the fact we had cleaned the place 60% already by ourselves, he was very unaccommodating and stingy on anything that would cost money.

- I asked about deposit in May 2009 and agent confirmed it was protected over the phone but refused to give me more details.

- I wrote letter to landlord asking for the deposit details, no reply.

- I wrote to all 3 deposit schemes and they confirmed in writing that they do not have our house/deposit listed under their scheme therefore indicating the deposit is not protected and the landlord/agents lied to me.

 

Given the above information, My questions are:

 

1. My housemates are not so bothered about taking action against the landlord, but given that he has been the worst landlord I have ever had and appears to have broken several laws including house unfit for human habitation, not informing us within 14 days about deposit and (if correct) not protecting our deposit at all, I want to take action against him for 3 times the deposit we paid. So, what is the tenancy deposit situation regarding joint tenancies - Do I take action against the landlord on behalf of all the tenants? Do i file the petition with all 4 names? or just my name?

 

2. As the tenancy is about to end, there is a chance the landlord will repay the deposit to me before any court 'hearing' date. Has a precedent been set (as only one person in this forum seems to say - but I'd like reassurance from others if there is any) that even if the landlord has paid back the deposit before any hearing, if I filed a county court application against him with a date that precedes the date he returned the deposit, that he will still have to pay the 3x penalty?

 

3. If not, what is the best way to achieve the 3x compensation?

 

4. Is there a best time to achieve the above (point 3)? ie making sure I take action before the tenancy runs out in July, taking action the day the tenancy runs out or after? At the moment I am inclined to take action the day I am supposed to moved out, because last time I wrote to the landlord to just ask him to clean the house, he came over 8pm the night he got it unannounced and screamed at me.

 

5. Which form is the best? I found several forms pointing to one option which cost over £100 and another which was cheaper?

Edited by Jenny269

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You asked on this post about how to gain access to a potential TDS penalty.

 

In direct response to this specific point only, it would appear to me that the trend at present is that tenants who have been wronged and have brought TDS non-compliance action against their landlords, seem to only get awards for the three-multiples-penalty when the tenancy has since concluded and the landlord has tried to unfairly keep the tenancy deposit.

 

Though it isn't in accordance with the strict letter of the law for only tenants who have suffered had an attempt of theft of their deposit to be entitled to the penalty, this certainly seems to be the only situation where such a penalty is directed by a judge. Tenant's who have suffered less, don't seem to be so fortunate.

 

Of course, if a tenant who had suffered less was able to competently present a convincing and credible case, then I am sure the outcome would be different.

 

Would anyone else like to offer any thoughts on this point? What do you think?

 

I hope this helps in some small way.

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Has a precedent been set [?]

As far as I am aware, there have been no TDS penalty cases outside of the County Court, so no. A County Court judgment is only persuasive on other courts, but not binding as a precedent.

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