Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 2 weeks ago 35
I have tenant in my property since July 2010, I taken deposit from him in the sum of £1500 which was protected in 24 days. (Although it was required at the time to protect within 14 days).
Please note that he is in Statutory Periodic Tenancy and his tenancy has not been renewed since July 2011.
I served him section 21 Notice back in November 2015 which has already expired. I have submitted “Accelerated Possession Proceedings” however, the tenant argued that, “Boiler is in disrepair” as he reported this faulty and straight after I submitted Claim form, however, boiler was repaired immediately. Nonetheless he has lied that, boiler has not been repaired.
Secondly, he has argued that, I did not provide him prescribed information in relation to Tenancy Deposit Protection” therefore Judge listed the case for 15 minutes hearing last month to discuss the issues relating to:
“Whether or not alleged Boiler Disrepair Issues fall under Section 11 act.
“Whether the regulatory requirements were met in relations to Deposit protection”.
I attended the hearing and surprisingly, the tenant has managed to get “Legal Aid” and he was represented by advocate and barrister who argued that, regulatory requirements were not met in relation to deposit protection as deposit was protected within 24 days not 14 as at the time I taken the deposit the rule was not 30 days but 14 days and ignored any deregulation bill for new 30 days rules.
He further contended that, Boiler is in disrepair and has never been repaired since November 2015 when it was reported faulty this is of course a lie as I have 3 receipts from registered plumber that boiler had been repaired.
In relation to Tenancy Protection they are also arguing that, they never received this information from me “However I have proof of service” from post office confirming this.
The judge has now listed the case, for 3 hour trial to discuss this matter as a “Live Evidence”. Since Boiler has been repaired, I have not heard anything further from him however his advocates are playing up on this and attempting to use this against me and really misusing the system in other words regardless of what I do they will always say that, Boiler is in disrepair.
Could you please advise me, where do I stand with my case, any advice will be most appreciated.
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