Mary Latham

2.4 Where the Master or District Judge agrees that the application is suitable for consideration without a hearing, the court will so inform the applicant and the respondent and may give directions for the filing of evidence. (Rules 23.9 and 23.10 enable a party to apply for an order made without a hearing to be set aside or varied.)
2.5 Where the Master or District Judge does not agree that the application is suitable for consideration without a hearing, the court will notify the applicant and the respondent of the time, date and place for the hearing of the application and may at the same time give directions as to the filing of evidence.

Source http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a... Read More

Demand? On what basis could you make such a demand - the court has issued the Notice?... Read More

Why would they need to attend if they have left evidence with a Solicitor. There are many no win no fee guys who will take a case where there is good evidence and share the booty 50/50... Read More

Given the facts that you have shared what defense would you have to use option 3? They have probably already produced the email where they asked you to protect their deposit and therefore to deny this would be a lie and that would be obvious to the Court.

I would rather protect my reputation and avoid a CCJ than try to lie my way out of a situation that I have put myself into - even though I am sure from your post this was not malicious -it was none the less unlawful.... Read More

Steve Mason has told us that there is email evidence that he took a deposit which the tenants asked him to protect.... Read More

They have taken action because you have broken the law and not protected their deposit.

The only defenses possible is 1. they did not pay a deposit or 2.you did protect it. Neither apply here.

The fact that they did not pay rent would have given you a claim against the deposit at the end of the tenancy but not during the tenancy and therefore it is not a defense

The harassment issue is because you did not act within the law when you asked them to leave "asap" - this is potential illegal eviction.

They have a legal right to prevent you entering the property while the tenancy is in place and this would have no impact on the case.

My opinion - pay up and move on. Protect all deposits in future because breaking the law makes us vulnerable... Read More

Register of Licences - Housing Act 2004

203. A local authority has a duty to establish and maintain a register of licences
granted under Parts 2 and 3 of the Act which are in force.
204. The register should include the following details for licences issued under
Parts 2 and 3:
• the name and address of the licence holder
• the name and address of the person managing the licensed HMO or house
• the address of the licensed HMO or house
• a short description of the licensed HMO or house
• a summary of the conditions of the licence
• commencement date and duration of the licence
• summary information of any matter concerning the licensing of the
HMO or house that has been referred to RPT or to the Lands Tribunal,
and
226 Section 68(7) and (8). 227 Section 68(9). 228 Section 232 (1) NB local authorities are also required to keep a register of Temporary Exemption Notices and Management
Orders. 229 See Regulation 11(1) of SI 2006/373 “The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006”
205. The register should also include the following additional details for licences issued under Part 2 and 3:
• number of storeys comprising the licensed HMO
• number of rooms in the licensed HMO providing sleeping and living
accommodation
• in the case of a licensed HMO consisting of flats, the number of flats
that are self contained and that are not self contained
• Description of shared amenities including the numbers of each amenity,
and
• the maximum number of persons or households permitted to occupy
the licensed HMO under the conditions of the licence
206. The register can be presented in any such form the local authority
considers appropriate, and must be made available for public inspection at
the local authorities head office at all reasonable times. A local authority
must supply a copy of the register or an extract of the register on request
and may charge a reasonable fee for doing so... Read More

We did indeed have a discussion about this Mark. My case was where a owner occupier in a block of flats was suffering from Dementia. I let a flat above her and my lovely tenants were really suffering from her behaviour. She was attacking them as they passed to go up to their flat, pushing rubbish and food through the letter box. I closed the letter box and put in an external post box. She then began throwing food onto the stair case. Other people in the building has already complained to the Management company - who did nothing. I complained to Social Services who I knew were supporting her but they were rude to me and suggested that I was being uncaring - this certainly was not the case and even my young tenants were really concerned for her well being as well as their own.

I posted this discussion http://www.landlordreferencing.co.uk/forum/discuss/community-forum/anti-social-behaviour-of-a-different-kind/ and I was given some really good advice.

Eventually I asked a senior Doctor friend who worked at the local hospital to help me and he managed to get Social Services to take action. It was months later that they took her into a care facility. She had no relatives and the whole process took forever.

Perhaps some of the advice that I was given on the discusion above will help you - I hope so because this is a really stressful situation for you and for your tenants and more so for the poor lady who is not "crazy" she is ill and the health service is letting her down when she needs them most.

This is a growing problem because people are living longer and Dementia is becoming more common. We need to get our act together and to take care of these people who built the health service and were promised a safety net... Read More

Direct payment alone is not the answer.

Under the benefit caps of Welfare Reform many tenants are having the housing element of their benefits reduced to bring them under the capped rates. The benefit cannot not be taken away but the payment may be reduced to as little as 50p. Those who have this level of payment may also have reductions of other benefits and their overall income may well have been reduced by a large amount. Which landlord wants direct payment of 50p? Who wants to chase tenants for the balance when they have had their total benefits reduced?

We should be fighting to make Government recognise that a person who is homeless will remain jobless too and that it is totally inappropriate to put their Housing Benefit payment at the top of the list of benefit reductions when they reach the caps. A home is the most fundamental of all human needs and it should be protected from reductions in benefits AND the ambition to make people on benefit financially responsible - they need to learn those skills before the safety net is taken away and direct payment of the full LHA amount should be paid directly to protect them from their lack of skills no matter who the landlord is.... Read More