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(17-08-2015 06:04 AM)paul_barrett Wrote: Oh! dear what a very silly LL!!!
Perhaps he should be advised that irrespective of whether the tenant chooses to pay any admin fee for deposit protection the LL MUST by law protect the deposit and provide a DPC and PI within 30 days of deposit receipt
He has now left himself wide open to being prosecuted by the tenant and will probably be granted 3 x the deposit plus the deposit amount against the LL!!
LL NEVER seem to learn do they!!!
This one sounds like an arrogant sod!!
But surely the tenant expected to pay relevant fees for taking on the tenancy!!?
That being said the LL MUST protect the deposit even if the tenant chooses NOT to pay an admin fee for it!!
Perhaps a less combative way for this tenant to manage things is to advise the LL that providing the FULL deposit is returned then the tenant will NOT take any action against the LL for failing to protect the deposit and would sign a letter to that effect.
Not sure whether such a letter would be legal as a tenant has 6 years to make a claim against a LL who hasn't complied with deposit regulations!!
Changes in the law mean that no longer do new DPC and PI need to be issued for tenancies proceeding onto a SPT
BUT they do if a NEW AST is signed EVEN if nothing on the AST has changed from the previous one!!!
I'm NOT sure if that is 2 claims the tenant could proceed with!
So for a £1000 deposit the LL will owe £8000!!!!!!!!!!!!!!!!!!!
The tenant should contact mydeposits to determine whether 2 claims would be applicable as the LL has failed to protect the deposit TWICE
This LL must be pretty stupid.
Or just ignorant
The tenant is in charge here and could legally take the LL to the cleaners
It is usual for most tenants NOT to want to engage in justified legal action; they just want to vacate with their deposit without any hassle
Apparently there are STILL some LL out there that don't know about the COMPULSORY deposit scheme and if they do; DON'T know that they have to comply even if the tenant refuses to pay a deposit admin fee!!
A case here of the LL being penny wise and pound foolish
I hope for his sake that this tenant doesn't wish to pursue legal action against this LL which she WILL win!!!
As for rent payments by cash this is something the LL may ask even if the AST states by bank credit.
It is for the tenant to decide whether they wish to comply with the LL wishes
NO LL can force a tenant to make payments by cash!!!
As a complete aside suing the LL could greatly assist the tenant in her new property purchase
Perhaps she could come to an out of court settlement as a 'goodwill' gesture on the part of the LL with her signing a letter confirming FULL and FINAL settlement for his failure to comply with deposit regulations!!
The 'goodwill' would have be a reasonable amount as the tenant could easily claim considerably more!!
Perhaps the tenant and yourself might do the LL a very big favour in referring him to this site where he will learn an awful lot!!!
Thereby preventing hopefully some possible future expensive mistakes!!?