If your son or daughter is off to Uni

Discussion in 'Bulletin Board' started by fired, Aug 13, 2020.

Page 3 of 4
  1. Gally

    Gally Administrator Staff Member Admin

    Joined:
    Nov 5, 2009
    Messages:
    16,535
    Likes Received:
    11,296
    Trophy Points:
    113
    Location:
    York
    Home Page:
    Style:
    Barnsley
    On the bright side, she wont need to rent next year what with family moving into the area will she?
     
    Gally, Aug 13, 2020
    #41
    Stahlrost likes this.
  2. Plankton Pete

    Plankton Pete Well-Known Member

    Joined:
    Jul 19, 2005
    Messages:
    9,297
    Likes Received:
    4,035
    Trophy Points:
    113
    Location:
    In hiding from the lynch mob
    Home Page:
    Style:
    Barnsley (full width)
    That's what he intends to do. It was meant to be humorous.
     
    Plankton Pete, Aug 13, 2020
    #42
  3. Tyke_67

    Tyke_67 Well-Known Member

    Joined:
    May 31, 2013
    Messages:
    14,787
    Likes Received:
    20,374
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Ok, I've had a hard day and a bit slow at the moment :/
     
    Tyke_67, Aug 13, 2020
    #43
    Plankton Pete and SuperTyke like this.
  4. Plankton Pete

    Plankton Pete Well-Known Member

    Joined:
    Jul 19, 2005
    Messages:
    9,297
    Likes Received:
    4,035
    Trophy Points:
    113
    Location:
    In hiding from the lynch mob
    Home Page:
    Style:
    Barnsley (full width)
    We all have em mate. Crack open your favourite tipple and enjoy.
     
    Plankton Pete, Aug 13, 2020
    #44
    Tyke_67 likes this.
  5. Tyke_67

    Tyke_67 Well-Known Member

    Joined:
    May 31, 2013
    Messages:
    14,787
    Likes Received:
    20,374
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Will do cheers :)
     
    Tyke_67, Aug 13, 2020
    #45
    Plankton Pete likes this.
  6. Redhelen

    Redhelen Well-Known Member

    Joined:
    Sep 29, 2018
    Messages:
    34,971
    Likes Received:
    41,056
    Trophy Points:
    113
    Gender:
    Female
    Style:
    Barnsley (full width)
    If deposit is with a deposit protection scheme they should get it back. If it isnt you can take landlord for 3x the deposit. Dont back down.
     
    Redhelen, Aug 13, 2020
    #46
  7. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Haha, think they live nearer to you than the Uni! She's now moved to another Landlord.
     
    fired, Aug 13, 2020
    #47
    Gally likes this.
  8. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Thanks for reply,

    There is nothing in the tenancy agreement to say who it is with (or if there is one), and nothing on the website The students have not been told who the TDS is with. However, he's a slippery so-and so, and probably has it covered somehow. It says in the Student tenancy agreement : "The tenancy created by this agreement is an assured shorthold tenancy within the meaning of the Housing Act" The section entitled Deposit states: " Where required, the deposit shall be protected as required, under the Housing Act 2004, in which case the tenants agree, that the lead tenant shall be (insert name) "

    We've looked at Gov.uk re deposits. We understand they should have been notified within 35 days which scheme it is with. None of them know, or can find out who it's with.
     
    fired, Aug 13, 2020
    #48
  9. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    If they weren't notified that is all the ground they need to be able to sue (although it can be tricky to prove you didn't receive anything). They should have been given some paper with the details on within the first 35 days. If they phone the 3 schemes they will be able to tell them on the phone whether they are registered or not. If they are not registered then it is a cut and dried case and they will be awarded anything from 1x - 3x the deposit value in compensation, plus they should get the deposit back minus any fair deductions. They will need to serve a notice before action to the landlord 14 days before they take action and if they have proof of his being horrible to them then I have no doubt that they will be awarded the full amount.

    Edited to say that it is literally not his decision whether they get the deposit back or not and he shouldn't even be entering into discussions with them of that nature. When a tenancy ends, the tenant asks the scheme for the deposit back and the landlord has to submit evidence of any deductions he wants to make, which the scheme will consider. If he doesn't submit anything, or they think it is bogus then the whole amount will be returned. There should be no discussion back and forth between the tentant and landlord as it is not their decision to make.
     
    Last edited: Aug 13, 2020
    JamDrop, Aug 13, 2020
    #49
    Sestren likes this.
  10. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    T
    Thank you Jam Drop, that is pretty much as we expected. We need to establish whether the students want to take action. I think that's half the issue - these landlords are basically making money out of apathetic students who don't have the confidence to tackle this head on.
     
    fired, Aug 13, 2020
    #50
    JamDrop likes this.
  11. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    Please encourage them to take the action, they are guaranteed by law to win if they are not registered with the schemes and it will punish him and make him less likely to try it on with anyone else if he has to pay 3x the total of their deposits. There are templates online to help those who are unsure how to proceed, it's quite simple and they never have to go to court or anything, it is all just paperwork.
     
    JamDrop, Aug 13, 2020
    #51
    SuperTyke and fired like this.
  12. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Thanks again. Using the details we have, we have just checked the three schemes and they are not protected with any of them.
     
    fired, Aug 13, 2020
    #52
  13. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    I'm not sure if you saw my edit above: Edited to say that it is literally not his decision whether they get the deposit back or not and he shouldn't even be entering into discussions with them of that nature. When a tenancy ends, the tenant asks the scheme for the deposit back and the landlord has to submit evidence of any deductions he wants to make, which the scheme will consider. If he doesn't submit anything, or they think it is bogus then the whole amount will be returned. There should be no discussion back and forth between the tentant and landlord as it is not their decision to make.

    As the deposit is not protected (which is was pretty clear that it wasn't when he was trying to bargain/blackmail them in the first place) then suing him is the only way to get it back, plus it gives the bonus of up to 3x the amount extra as punishment to the landlord. I will try and dig back out the help and advice I got before when I was considering doing it.
     
    JamDrop, Aug 13, 2020
    #53
  14. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    JamDrop, Aug 13, 2020
    #54
  15. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Me and my other half are all over this, and are willing to stump it up just to take the slimey sod on. Need to get the three students up for it. It's not about money anymore, it's about the principle. Just need to make sure we have our facts right before we go headlong into this.

    When they moved in, the house was a disgrace. Me and my sister had to clean it from top to bottom to make it habitable. We took photos etc. He's now witholding the deposit for some cleaning! It is a million times better than when they arrived. I'm tempted to send him an invoice for our time.
     
    fired, Aug 13, 2020
    #55
    Airon c redscue, TitusMagee and JamDrop like this.
  16. Redarmy87

    Redarmy87 Well-Known Member

    Joined:
    Dec 29, 2018
    Messages:
    4,917
    Likes Received:
    6,857
    Trophy Points:
    113
    Gender:
    Male
    Style:
    Barnsley (full width)
    That's total exploitation. But the fun doesn't stop when you're a student. If you move to a city, even with 'generous' landlords the cost of renting is sky high. They can charge what they want (even with the protection of no agency fees etc.) and without the bank of mum and dad you're in for a struggle. Saving for a deposit without any help is beyond some people, and landlords in certain cities (I.e. Bristol) are having a field day and lapping it up.
     
    Redarmy87, Aug 13, 2020
    #56
  17. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    I would be the exact same as you, like you say - it's the principle! Even if he returned the deposit I'd be tempted to get him for not protecting it anyway (which is the law) and causing all this hassle by being a sod about it. I hate people like him.
     
    JamDrop, Aug 13, 2020
    #57
  18. fir

    fired Administrator Staff Member Admin

    Joined:
    Oct 15, 2007
    Messages:
    15,901
    Likes Received:
    10,837
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Exactly the conversation we have just had.
     
    fired, Aug 13, 2020
    #58
    JamDrop likes this.
  19. JamDrop

    JamDrop Well-Known Member

    Joined:
    Mar 30, 2013
    Messages:
    17,761
    Likes Received:
    17,789
    Trophy Points:
    113
    Location:
    Leeds
    Style:
    Barnsley (full width)
    JamDrop, Aug 13, 2020
    #59
    Redarmy87 and fired like this.
  20. Ses

    Sestren Well-Known Member

    Joined:
    Aug 8, 2011
    Messages:
    4,432
    Likes Received:
    4,319
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    That's fantastic news. He hasn't got a leg to stand on.

    I'd definitely echo JD and recommend going through the courts for this. We had a huge issue with a landlord a few years ago (everything up to and including a rat infestation) and we just wanted out so once we clocked that he hadn't protected the deposits we quoted the law and said we wouldn't report him if he paid us them back in full and we could just leave the next day. He backed down immediately. In a way it's a shame he got away with it, but at least we had somewhere else lined up. If we'd already been out then we'd 100% have gone ahead with legal action.
     
    Sestren, Aug 13, 2020
    #60
    JamDrop likes this.
Page 3 of 4

Share This Page