Guest_FaFa!_*

There's no need to mention you have a dog, unless the AST, advert, EA/LA or LL mentions this before you move in. Whilst I agree you should have the right to have a pet with you, deliberately deceiving the LL or EA/LA is not a good idea unless you want to find yourself having to move again after 6 months with them kicking up a stink over the deposit.

Your first port of call must be the TDS if that's where your deposit is. The point of setting up the TDS was to avoid courts having to deal with this sort of thing, so the courts will not want to know until you have tried them first. You would have it out with the LL in arbitration and the TDS would rule how much of the deposit should be returned to you. Looking at their website, my understanding is that with the DPS they hold the deposit and the LL does not have the right to veto their decisions. They would forward the money to you after the abitration hearing. So if the LL (or you) doesn't like the abitration decision then that is their tough sh1t I think others will be able to advise you on tactics regarding the fact you didn't pay your last rent. Did the LL agree to taking it out of the deposit? If not, it maybe an issue. However you should request abitration with the DPS and think about how you will present your case to them. Best of luck and look forward to your update!

You need to read the article It says

http://www.guardian.co.uk/commentisfree/li...iffs-karen-buck Haven't seen this elsewhere on the forum so apologies if already posted. I don't think people should get away scot-free from their debts myself, but allowing people to indulge in gangster behaviour to retrieve debt is appalling. Another nail in the coffin of our liberties and this will undoubtedly lead to bloodshed if permitted.

Umm.....yeah, sorry you are right! Didn't think that one through properly. Anyway, my point was a couple of upticks doesn't mean the insanity is back on, and I feel the Land Registry remains the most clearly neutral indicator

I don't understand this. Before I joined I lurked here for years. Now the crash is happening and prices are clearly falling (Land Registry people, Land Registry!), there's one, two upticks on the VI measures (which is what Nationwide is) and some appear if not panicking then clearly worried. Why? Is it because house prices defied all known logic for so long now gravity has taken hold we cannot quite believe it? Is it because we all wanted/expected it to happen for so long (particularly priced out 1st time buyers and those who STR'd a little early) we cannot quite believe it now it is? Patience is required. We all know house prices will not bottom until next year earliest. Keep Calm and Carry On Edit for spelling

I am a newbie too so perhaps my words won't have the weight of others. Having said that I for one can't take you seriously on economics if you start talking about China and use Bloomberg as your source. Here is a primer on China that you can take seriously: http://mpettis.com/ Go away, read that, do some more research, take on board the fact that (i) China's stimulus has a large amount of previously announced spending in it (ii) The stimulus mainly consists of boosting their massive overcapacity rather than dealing with long term issues such as the environment, education, healthcare and pensions (all of which are immensely poor) (iii) The phrase lies, damn lies and statistics counts doubly for China and then post again on China. Also note: China was not and is not in a recession.

The law says: 213-3: "Where a landlord receives a tenancy deposit in connection with a shorthold tenancy, the initial requirements of an authorised scheme must be complied with by the landlord in relation to the deposit within the period of 14 days beginning with the date on which it is received." http://www.opsi.gov.uk/acts/acts2004/ukpga...4_en_19#pt6-ch4 So it would be from when the LL receives the deposit, not when the tenancy begins

Could it be even argued that nightkitten's LL isn't really her LL on the grounds that (i) the sale of the property does not necessarily mean the new owner takes over the tenancy and (ii) there is no AST between them clarifying who is the tenant and who is the LL. If the LL cannot prove he/she is the LL surely that would be a show stopper from the start. But as Financial Hack says, you'd be best getting legal advice as well as seeing what the CAB have to say. I'd move out asap too.

You don't have to worry about the 8k then! Hopefully you will be able to tell the LL there is an option 3 which is "We leave and you try to pursue us for money we don't owe cos we didn't have a contract" and that you will be taking that option. Anyway, look forward to hearing the updates. Your new landlord sounds very silly. You might want to think about changing the locks, though, in case he gets any comedy ideas about coming round and demanding the money.

A fascinating problem! I take it you don't have 8 grand? This sounds like a tricky legal problem, so I'd also look into getting some free legal advice as well as going to the CAB. You can have a look at this website for further info http://www.lawcentres.org.uk/ My suspicion (and it is only a suspicion, I have no legal training) is if you don't have a contract they don't have much to go on. Did you have a written contract with the previous owner? Deposit? After getting legal/CAB advice my suggestion would be to write to them to ask on what precise legal grounds they consider themselves to have inherited the tenancy, what precise legal grounds you can be considered liable for the rent and challenge them to produce paperwork evidence to that effect. Do this firmly but politely. Alternatively, if they do not have any details on you other than your names you could leg it. Again I want to emphasize my total lack of legal training, but I thought a bit of support and some reasonably intelligent suggestions might be welcome. I look forward to hearing how it goes! Best of luck.

Congratulations! Let us know when the LL pays up - if they don't you can have some fun and games with the baliffs

Isn't this breaching your quiet enjoyment? I'd just like to say I support laughing at the LL. Far too many people overleveraged themselves, thought they would make themselves rich doing nothing through property, thought they were the big ******** and rubbed it in people's faces ****** 'em

They'll want to do things by the book. They don't want to say "Yeah, everything's fine" until they've seen the state of it when you move out. I'm sure it'll be fine. Just don't say something like "We'll pay for the garden if you are unhappy with it when we leave" or somesuch, cos they'll take this as an opportunity to get some gardening done at your expense. Hope your kids get better soon, sounds like a bit of a nightmare at the mo!

Why does this matter? The sale is not the LA's business. I don't follow why this should affect anything Unless they expect you to pay for this it shouldn't be a cause for concern You should make it clear that you would want to accompany a final inspection (is this possible?) so that any problems can be discussed. Was an inventory taken when you moved in? If not you are not liable. I'd dig it out and check it. Has you have been there for 6 1/2 years they should expect wear and tear. Unless there are major issues that you haven't alerted the LL to they should hand back your deposit in full. There might be a case for saying that the garden is in a state of disrepair and you need to pay for it. I'd take photos of the property and the garden (especially the garden as sounds like it might be what they will home in on). If they do any work on it, it should be the minimum and they should produce an invoice. Regarding your tenancy agreement when is it dated from? Is it eligible for the TDS? The LL doesn't have the right to charge for wear and tear. Any deductions from your deposit should be fully justified and accompanied by an invoice. There is no reason why you shouldn't get all the money back, unless there are serious issues with the garden.

With all due respect, this is totally incorrect. The LL must comply with the terms of the TDS within 14 days of receiving the money and also let you know where the deposit is held within 14 days. Failure to comply with either of these requirements is a breach of the TDS and makes them liable. It doesn't matter whether or not the LL has paid you back (though if he/she has, is it worth the hassle?) they have acted illegally and are liable to pay compensation.

As I thought. Thanks for clarifying. For a horrible moment there it seemed like you were supporting him and his mad idea.

With all due respect, I don't think you have answered my question. Do you think what LTM is suggesting is legal? (ie giving a second tenancy agreement whilst another tenancy agreement is ongoing, permitting access to the property without the tenant's permission, and let's face it essentially attempting to intimidate the tenant into leaving)

Do you think what LTM is suggesting is legal? And if not, which laws do you think he is breaking?

I'm glad that an LL has come on here and said that. I hope Jenny isn't put off by this - she comes on here for a bit of advice and the thread turns into a bear pit!

Without wanting to sound like a know-it-all, my understanding is that the TDS disputes service has basically replaced the small claims. The courts want people to go to that, unless the LL has been stupid enough not to put the deposit in the TDS in which case you would have to go to court. But that doesn't seem to apply in this case. I just want to second Flopsy's great advice not to stress out too much about this - I was really angry at the beginning of my dispute with my landlord (made more complex by his non-compliance with the TDS) but do make sure you are polite and measured at all times. You are entirely in the right, and have every reason to complain. Do keep us updated!

Excellent! Don't ever be afraid to stand up for yourself. As long as you are polite and reasonable, there's not much they can do to you. By the way, is the deposit registered with the TDS? If not, then that would be more leverage you have over them.

You are an utter fool, and I have put you on ignore.

A family of 8? Umm, no they cannot http://www.adviceguide.org.uk/index/family...tm#Overcrowding This is clearly a load of absolute rubbish. There is no way your arguments would stand up in court. You have a prior tenancy agreement with a tenant. You cannot solve the issue by invading the property without permission, regardless of rent not paid or whatever. You need a court order. You have accessed, or allowed others to access the property without the tenant's permission. You have severely overcrowded it. You have altered the previous tenancy agreement unilaterally without the tenant's permission. These are all serious serious issues. Please be quiet now, the adults are trying to talk (Edited to give link)

I often wonder whether LTM is actually a bear who is doing this for a laugh. In case he really is this stupid I would like to point out that his Ghandi method is not just hare brained but illegal. By having 8 of your mates come around you are turning your 2 bed flat into a HMO. Will you be able to explain to the police how having 10 people living in a 2 bed flat isn't breaking overcrowding laws? It's a civil matter for the courts.........you've never had the police called have you? If I "kick off" the police won't just arrest me, they will arrest your mates as well as they will not know who did what until they have nicked everyone and got them down the station. This is the most stupid thing I have ever heard in my life