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  • Landlords in Distress

    Taken to court for not using DPS!

    With your LL insurance, have you got any type of legal cover?

    I know that some can supply with you (say) up to £50k in legal costs. I know for a fact that to win this case it wont even cos you a 1/4 of that. Try and find a solicitor that will do this on a no win no fee basis. The solicitor, if in agreement to take it on, will assess the case and the likelyhood that it will pay out. If the assessment comes back in the high 75%'s (or more obvs) then they will take it on and can take a fee of *up to 25%* of settlement monies. These monies will come from "damages" to your name and inconvenient caused, along with fraud which the tenant will be liable to pay - Or his insurance if he has any legal cover.

    And I'm calling nonense to all the solicitor's saying "it's gone too far". We get handed cases all the time that are near finishing and the client or another solicitor has requested to pass the case onto a different solicitor. They get permission and send the entire file to us to pick it up.

    However, you are really going to need to track down a solicitor who specialises in Landlord & Tenants.

    T


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    It's probably a worthwhile strategy to try this on:  Some clown landlords would cough up occasionally.  Bit like those phishing emails promising huge payouts in exchange for your bank details, some twit will fall for it.

    Can anyone suggest a similar scam for a landlord to try on a tenant?  The old "sorry pal your deposit has gone on the damage.." and cross fingers tenant doesn't take the court route no longer works since deposit protection came in.

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    Relax. If he cant prove hes paid you the deposits then he has no chance.

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    Thanks for that.  There's a few on here stating I need to prove I received the money but as I see it.  He needs to prove he paid it as well.

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    I have had a few tenants try it on with me a few times. This one may not be for those of you who are big on proclaiming your ethics and morals, however, if you can get some sort of proof that you spend the odd night here and there in the property then you would be classified as a live in landlord and therefore this tenant would be on a lodger agreement, which means that the deposit does not need to be protected.

    I phoned a few no win / no fee deposit protection lawyers assuming the role of a disgruntled tenant and as soon as any form of alluding to a live-in landlord was mentioned, they did not want to know.

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