David Sweeney

Registered with Property118.com
Monday 12th August 2013


Latest Comments

Total Number of Property118 Comments: 126

David Sweeney

A year ago
Deposit Protection compulsory for sublet?

Assuming you rented the whole property from the tenant (actually your landlord) and did not share it with him/her then an assured shorthold tenancy was created (no matter what the paperwork says) and your landlord was obliged to protect the deposit. The only possible exception to this is if your tenancy document described the tenancy as an "assured" one, as opposed to an "assured shorthold". This is HUGELY unlikely, particularly with the landlord / superior landlord arrangements you have described.

As has already been mentioned (and you will have seen elsewhere) and unprotected deposit on an AST exposes the landlord to an extremely large penalty, payable to you, though the exact amount is at the discretion of the judge. However, it is not a 'small claims' matter, it should be dealt with in the 'grown up court' and that can be expensive for the claimant (though he would most likely ultimately claim all the costs from the landlord).

Don't let this put you off though . . . How about mentioning the legal situation to the landlord - no way is he entitled to £1300 for a £100 damage and can he even prove the scratch wasn't there when you moved in? If you took it to court as above, you would get most (if not all) of your £1300 pounds back, plus at least £1300 penalty (probably over £2k in my eyes) plus your solicitors costs and court fees - say £5k in total.

A lower financial risk, but with the risk of lower repayment, is to sue for the £1300 deposit through the small claims. In your claim, you would ask the judge to award the penalty of up to £3900 plus the deposit and court fees (no solicitor) BUT he has no obligation to award any penalty - anecdotally, many do.

Taking all this on board, maybe your first approach should be your full deposit back x 2 as that is should be less than your landlord will have to pay if you take it to court and will be much easier for you.... Read More

David Sweeney

3 years ago
Tenant ignoring section 13 notice - HELP!

As your section 13 notice was correctly served and she did not appeal to the 1st Tier Tribunal, then it would seem to stand in law. I don't for one minute dismiss your right to increase rent, but when deciding what is 'market rent' are you comparing like for like? Most properties on your local letting agents lists will have been freshly decorated, a large percentage with new carpets and everything in top class condition. I suspect your tenant is not living in such conditions - when was her property last decorated? How old are HER carpets? 4 year old carpets are - frankly - tired. You can not compare the two.

Despite your legal right to insist on the new rent, I suggest you keep a little flexibility in reserve if you do 'chat' with the tenant.... Read More

David Sweeney

4 years ago
Story of an Eviction

Reply to the comment left by "Ian Simpson" at "27/11/2013 - 19:40":

Ironically if he was 'encouraged' to leave by anyone except court bailiffs it would be illegal eviction

Haniff v Robinson [1993] 1 All E.R. 185
Borzac v Ahmed [1965] 2 Q.B. 320... Read More

David Sweeney

4 years ago
Help regarding being a victim of subletting

I agree entirely with Mark with just one tiny exception. The landlord tenant (he is your landlord) may possibly have granted you a tenancy, BUT, as you have a resident landlord it doesn't affect your occupation rights - you are still excluded from the protection of the "Protection from Eviction Act". Your right to occupy is at the discretion of the landlord - and although Mark is right that you are entitled to 'reasonable notice', the moment you are told to leave, if you don't you are trespassing - and the Police could be called. The issue of how long is 'reasonable' could be taken to court and maybe you would win, but it wouldn't stop you being thrown out.

It isn't a legal answer, but you need to look at your options for more reliable accommodation and seek clarity from the landlord over his long-term intentions.... Read More