Comments on: Friday News round-up

By: housinganger

housinganger — Sun, 06 Apr 2008 23:08:09 +0000

Speaking of failing to protect deposits has anyone had any good outcomes after helping clients pursue the matter at Court?

By: housinganger

housinganger — Sun, 06 Apr 2008 22:50:26 +0000

doh blast, I knew that, just temporarily forgot (not the best excuse but the only one i have at 23.50 on a sunday night)! Once the deposit is in then!

By: Nearly Legal

Nearly Legal — Sun, 06 Apr 2008 22:35:06 +0000

If they issue a s.21 with the tenancy agreement it is very likely invalid, as the deposit is not yet in a deposit scheme and the tenant given the details. See:
http://nearlylegal.co.uk/blog/2007/09/catching-up-s21-and-tenants-deposits/

By: housinganger

housinganger — Sun, 06 Apr 2008 22:23:29 +0000

Indeed but some landlords may think that it may only delay the time it takes to get a non paying tenant out. If it’s within the first 6 months of the AST there’s not much else a landlord can do apart from 8 really (if he doesn’t want to risk 10 and 11). More reason for landlords to issue section 21’s with the tenancy agreement, am suprised more don’t but then landlords knowledge of how to use sec 21’s is a rather different story. At least then if they start defaulting after the fixed term has ended they’re out!

By: Nearly Legal

Nearly Legal — Sun, 06 Apr 2008 22:07:00 +0000

Good point, although a s.21 would still be available (and if the tenant was on HB, a ground 8 wouldn’t recover any rent anyway).

By: housinganger

housinganger — Sun, 06 Apr 2008 20:25:47 +0000

Interesting stuff as always. Am interested to see how the wilful act of omission works. However I’m also slightly concerned this might further disuade landlords to rent to clients on LHA.