Roy and Tania

Registered with Property118.com
Friday 9th August 2013


Latest Comments

Total Number of Property118 Comments: 25

Roy and Tania

17:06 PM, 5th June 2014
About 7 years ago

Never received section 21

Reply to the comment left by "Romain " at "05/06/2014 - 16:37":

I wasn't referring to disrepair as a defence - but as an independent claim to be actioned alongside (or slightly ahead of) any eviction case, along with any 3x penalty, retaliatory s21(s) might ratchet up the damages also.

all might be settled at the eviction hearing. ours was!... Read More

Roy and Tania

16:28 PM, 5th June 2014
About 7 years ago

Never received section 21

Hi

Mark is spot on here. The burden of proof is on them (the LL and LA) to prove that the section 21 was served. A statement that one was hand-delivered will not wash with a judge and any proceedings via a court will be dismissed.

However - a second section 21 will then be served correctly (one assumes) and that ordinarily would be accepted by a court. There is a condition though to this....

that your deposit was protected in a DPS scheme and that you received various paperwork (certificate and prescribed information) in relation to that. It sounds like the LL/LA knows little of their obligations and it might be that you do not have this information concerning the deposit or that the deposit is indeed protected at all..

If that is the case, a second section 21 will fail also.

There is also a potential 3x penalty for non-protection.

Ultimately the deposit can be repaid by the LL and an s21 will then become valid and you will at some point have to vacate. As Mark said - stand firm. Most of these bad LL/LA's end up in court trying to defend their position and end having to pay considerable compensation etc to their tenants.

There might also be a disrepair claim and a defence that the s21 (s) are retaliatory. This practice is frowned upon in the courts.

Not sure of your location. We're in the NE and had a fabulous solicitor and barrister fight for us in a nasty case this spring. LL ordered to compensate by £10k+ and nice £7.5k from LA. Mark will share contact details if you'd like to be put in contact in the first instance.... Read More

Roy and Tania

11:56 AM, 15th May 2014
About 7 years ago

Area of low tenant demand

North Ormesby. Alas, an area that I was once acquainted.

"with major antisocial behaviour issues" - you pay it a compliment.

Having moved up to the NE, I purchased a property in a street off the infamous Beaumont Rd. I viewed in the morning. I should have calculated that the other neighbours were still in bed and not at work. The street was largely without cars, this was not because the neighbours were using them to get to work. The problems became reality when I discovered that 8y.o's had tried to set fire to my curtains through a small sash window which had been left open on the morning of day 2 in the property.

Oh dear and while I can empathise a little.. did you not do your research either? was the temptation to become a LL for such a meagre amount blind you?

selective licensing did not cause the blight in 'doggie' - an endearing term for some of the nocturnal activities that have taken place for years in this area of the Boro'. The problem has occurred as a result of LLs willingly accepting tenants from all walks of life without the necessary checks. The good folk had all moved out in 2000 - 2004. Me also. Folks with a few quid bought out the neighbourhood with a view to profiteering without further thought.

Nothing will solve the problems of North Ormesby - save perhaps a small tactical nuclear warhead.... Read More

Roy and Tania

16:32 PM, 17th April 2014
About 7 years ago

I want my tenancy to remain periodic but ...

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 13:58":

Hi Michelle

Did the Letting Agent just tell you that your deposit would be placed in a Tenancy Deposit Scheme OR did they actually do that AND provide you with a certificate for this? That certificate should have been accompanied with an additional document called the 'Prescribed Information'. Both documents should have been given to you, along with a leaflet telling you about the TDS scheme and what to do at the end of the tenancy. These documents must be given/handed/sent to you within 30 days of paying your deposit. The LA/LL has a legal requirement to do this.

If this was not provided, then it will in some way protect you IF the LA/LL wish to be more aggressive in the future. A section 21 notice to quit is not valid if the TDS documentation is incomplete or late but a deposit could be repaid later by the LA/LL and that will make a subsequent s21 valid. Its complex and I'm reading a lot here about Environmental Health, courts, etc.. been there, got the T-shirt.

Meanwhile, I suspect that Mark's first answer to your OP is the correct approach.

Did you receive ALL of this documentation AND within 30 days?... Read More

Roy and Tania

9:46 AM, 20th March 2014
About 7 years ago

Superstrike rules clarity required for 3 times 3 penalty?

Reply to the comment left by "Industry Observer " at "20/03/2014 - 09:04":

adding to this..

At the end of the fixed term agreement it is the responsibility of the LL/LA to notify the scheme holder of the tenancy status.

At some point (30+ days after the nano-second described) and following a failure by the LL/LA to notify the scheme holder that the tenant is remaining in the property - the deposit will become automatically un-protected.

The DPS scheme holders are now beginning to notify Tenants where this breach has occurred as they too consider themselves to have an obligation under the Tenancy Deposit Protection legislation.

LL's should be aware that such a process will potentially awaken some less than scrupulous (or indeed just dissatisfied) Tenants into action...... Read More