Tim Hall

Registered with Property118.com
Saturday 20th December 2014


Latest Comments

Total Number of Property118 Comments: 10

Tim Hall

11:41 AM, 4th April 2015
About 4 years ago

Landlords rejoice as Superstrike problems are no more!!

In another article it was suggested that new prescribed information had to be issued and the deposit re-protected when there is a change of Tenant, Property, Deposit Scheme or Landlord. The first three make sense but the last does not - when there is a change of Landlord there is no new tenancy and all the new Landlord has to do is advise the Tenant of his name and address within 30 days of , for arguments sake, buying the property.
Does the Deregulation Act specifically say if there is a new Landlord then the deposit needs re-protecting and new PI issuing? Would this also be retrospective to 2007? Where can I see the wording of the Act please?... Read More

Tim Hall

11:18 AM, 27th January 2015
About 5 years ago

How do I fight back after hearing went badly?

Funds you take before the tenancy starts have to be dealt with carefully - if you call it rent then technically the tenancy starts the day you take the money.

If the tenancy hasn't begun then the money is neither rent nor deposit, simply funds held in lieu of a tenancy due to begin.

I cannot answer nor explain why the PI requires all the information it asks. Never yet have I been able to give a fax number for a tenant, and most tenants give a care of address for the address they will move to at the end of the tenancy. It makes me uncomfortable that a Landlord is liable for information provided by the tenant in the first place.

It is plausible that a tenant has another address which is is his main residence, as well as the property which he is renting, and this would be the address to put for the tenant in that circumstance.

It is clear though that in most situations the tenant's main address will be that of the property he has rented and this must therefore be the tenant's address.... Read More

Tim Hall

10:27 AM, 27th January 2015
About 5 years ago

How do I fight back after hearing went badly?

Michael - the address of the tenant is the property he lets.

The legislation uses the word tenant, and as clearly they cannot be a tenant until the tenancy starts, the address of the tenant for the PI must be the tenancy address.

If any of the information provided to the tenant changes then it is best to re-serve the PI, or at least put in writing to the tenant those changes, at the point at which the information has changed.

The same would be true for any leaflet supplied by the scheme administrator - details of any amendment should be passed onto the tenant immediately.... Read More

Tim Hall

12:48 PM, 26th January 2015
About 5 years ago

How do I fight back after hearing went badly?

Romain

I agree the protection procedure is triggered when the deposit is received, although as I have already said my own belief of the definition of "received" differs greatly from what seems to have been accepted.

The regulations however only insist that the Tenant had the prescribed information, and the required information (which does not include tenancy specific facts such as dates) is detailed in the statutory Instrument.

The question therefore hinges on whether the Tenant has been given the prescribed information.

If the crux of Superstrike is that the deposit has been refunded to the Tenant then paid back to the Landlord without any actual physical transaction taking place at the commencement of the new tenancy, the same argument must apply to the prescribed information also, which has been issued to the Tenant already.

Either way the Tenant has the information that has been prescribed and he has received this within the required time frame.... Read More

Tim Hall

11:55 AM, 26th January 2015
About 5 years ago

How do I fight back after hearing went badly?

Romain - thanks, your point is noted.

Has the argument been made in any hearing that the Tenant has the prescribed information from when the original deposit was received?

The amended 2004 Act does not state the PI is required in relation to a specific tenancy, just that the PI must be given to the Tenant within 30 days. Indeed there is no mention of any specific tenancy details being required to be given to the Tenant in the PI, except grounds by which the deposit can be retained at the end of the tenancy and the address of the premises, therefore clearly the PI just refers to the deposit that has been protected.

As all this information has already been supplied to the tenant and the deposit remains protected in the same scheme I would still be inclined to argue that the requirement has been complied with and the tenant has in his possession the prescribed information relating to the deposit.... Read More