New Deposit Service launched

New Deposit Service launched

10:36 AM, 9th September 2014, About 10 years ago 48

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As many as 38% of landlords calling the Landlord Action legal helpline for advice on evicting a tenant have failed to place their tenants’ deposits in a government recognised scheme within the prescribed 30 days of receiving it, or have not even heard of the scheme which came into force back in 2007.

Landlord Action has now launched a deposit service to deal with these cases. Paul Shamplina Landlord Action

Reviewing enquiries from the start of this year, there is still a major problem with amateur landlords (and some agents) having very little knowledge of this important piece of legislation, which is seeing an increasing number of landlords facing penalties of up to three times the value of the deposit, which is then awarded to the tenant. The landlords also face penalties if their agent failed to comply with the legislation, which adds tension to the relationship between landlords and their agents.

There are too many landlords that still do not know enough about being a landlord and their responsibilities. Many are failing to comply with deposit protection rules and this is having a knock-on effect when landlords wish to evict through Section 21. The simple fact is, ignorance will not solve the problem.

The only way a landlord can legally evict a tenant who will not move out voluntarily (and who is not in arrears or in breach of their tenancy agreement) is via a court order for possession, but in order to obtain this, a landlord must first return the deposit. Furthermore, we are receiving more and more phone calls from desperate landlords who are being sued by their tenants for compensation for not protecting the deposit.

It seems to me, that tenants are becoming savvier than landlords when it comes to buy to let legislation. Landlords, this is your business, you must be fully versed in your responsibilities.

Solicitors are reluctant to take on these cases as there is no defence against it and it is purely down to the judge’s discretion. In response to the rising number of enquiries with deposit issues, Landlord Action has launched a fixed fee deposit claims mitigation service for landlords, to act on the landlord’s behalf in dealing with the court paperwork and also attempting to reduce the level of penalty the landlord faces.

Eddie Hooker, CEO of MyDeposits, said “the findings of Landlord Action are somewhat worrying, especially as all three schemes have seen a healthy year on year increase in the number of deposits being protected. Having said that, we should not become complacent and there is clearly more work to be done in ensuring that deposit protection is embraced by the entire private rented sector. Landlords and agents should be aware that protecting the deposit with an authorised scheme is only one part of their legal responsibility. The other requirement is to correctly serve the Prescribed Information to the tenant and this is definitely an area where better understanding of the legislation is needed. The majority of legal cases we see surround the incorrect issuing of the Prescribed Information, or failing to issue it all. All schemes have extensive information on how to comply with the legislation, including timescales on their websites and we urge letting operators to ensure they understand their obligations”.

Please CLICK HERE if you wish to see the new Deposit Service

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.


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Comments

user_ 1346

10:51 AM, 13th September 2014, About 10 years ago

Obfuscated Data

user_ 1346

10:53 AM, 13th September 2014, About 10 years ago

Obfuscated Data

Mark Alexander - Founder of Property118

12:28 PM, 13th September 2014, About 10 years ago

Reply to the comment left by "Alan Loughlin" at "13/09/2014 - 10:31":

Hi Alan

Fair point regards to kerbside appeal, mine is one of the better ones though! I decided not to invest into improving the driveway on the basis that it wouldn't add value given the neighbouring properties are no better. Yield on value on this property isn't good but yield on purchase price is great because I purchased it very cheaply many years ago. I plan to sell this one at some point as I will get a better return on equity. Now isn't the right time for this one though as the market in that area hasn't really recovered yet. I will make another decision to sell or re-let after the next tenancy comes to its natural end.

With regards to advertising strategy and associated pricing I think very differently to you. I often advertise around £50 to £75 below the market rental value in order to establish maximum demand and get the pick of the crop of good tenants with guarantors. On many occasions the demand creates a price war and I end up letting the property without having to discount it at all.

Have you ever noticed that Rightmove and Zoopla searches are based on price bands? If I advertised at £550 or £575 then my advert would show mid to three quarters down the search results. I want mine to be at the top, hence in this occasion I advertised for £500 and then added reference to the discount in the text. I will start with a 12 month AST with a six month break clause and a £50 discount for the first six months. I always find it interesting when people advertise for £499 or £495 because their adverts show lower in typical search results.

Did you also notice how I worded the advert so as not to put off 50% of the market by saying no pets? I will happily consider pets and may well decline somebody with three Great Danes in a little property like this but I would never say no to a person just because they had a goldfish LOL. Same goes for DSS, if I can get RGI underwritten on the strength of a guarantor then they are arguably safer than a working tenant who could lose their job at any time 🙂 No guarantor and no RGI = no tenancy for DSS so far as my properties go though.

You may also have noticed reference to me wanting long term tenants and also the reference to Deed of Assurance. This is my secret weapon. In a property like this I want to let to Mr & Mrs Average who will want to keep their kids in the same school.

Most of my properties are far upmarket than this one but I do have a few like this and they are the bread & butter of my portfolio.
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aga smart

17:55 PM, 13th September 2014, About 10 years ago

Can someone please tell me how I go about this very mistake? The property was rented in June but no deposit in the scheme. Tenants are no fuss and have no problem, so that much of a less risk. However, if I want to get things right, what can I do? my options etc??

Neil Robb

18:30 PM, 14th September 2014, About 10 years ago

Hi Aga

One way to correct is to hand back the deposit and resign a new lease then protect it straight away.

What you will find when people want something they are very nice and happy to go along with what you say once they move on that could change.

I think they have up to 6 years to pursue a claim for not protecting the deposit correctly.

One point through out this thread it is important if you have a letting agent that he protects the deposit and issues the prescribed information to the tenant correctly if they fail, it is still you as the landlord who is responsible to pay the fine that will be imposed.

If you where poor and told you could get your deposit plus three months rent back would you claim.

I keep on hearing about rouge landlords that why they brought in the deposit scheme. The system should deal with them and prosecute them, not the decent landlords who try hard to look after their tenants and properties. Rules change and no one get told very poor communication between government and Landlords.

Mark Alexander - Founder of Property118

10:55 AM, 15th September 2014, About 10 years ago

Reply to the comment left by "Neil Robb" at "14/09/2014 - 18:30":

Hi Neil

Your suggestion does not solve the problem. The only way to do this is to get the tenant to assign the *chose in action to the landlord by way of deed at the same time as dealing with the new tenancy and deposit protection.

* http://en.wikipedia.org/wiki/Chose
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Avninder Singh

10:40 AM, 27th September 2014, About 10 years ago

How does this work with taking an advance payment? If I was to do it this way and take the fee rather than a deposit can I still take an advance payment for rent?

Mark Alexander - Founder of Property118

11:12 AM, 27th September 2014, About 10 years ago

Reply to the comment left by "A Singh" at "27/09/2014 - 10:40":

What do you mean about advance payment of rent?

The case of Johnson vs Old has made this very clear.

Simple example of what is OK - tenant pays let's say six months rent up front and no further rent payments for the next six months.

Simple example of what's not OK - tenant pays let's say two months rent up front and then monthly thereafter. The second month of up-front rent is treated as a deposit, regardless of what it is called.
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