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madasafish
21-01-2011, 18:53 PM
I have joint tenants (total two, with one of them going on HB recently) that have indicated they are leaving on 24th January after receiving a section 21 notice seeking possession AFTER 23rd. What I mean by “indicating” is that they phoned me yesterday to say we can do the handover on Monday. I replied, that will not be problem and can they send me an email to confirm (I was seeking surrender confirmation).

They did send an email which only said “See you Monday”.

I replied to the email confirming our telephone conversation and the handover meeting on Monday and also informing them that I cannot release the deposit until I receive confirmation of:-

1. Forwarding address
2. All services attached to the house in their name have been cancelled.
3. Mutual agreement on the condition of the property

They replied to my email saying they will confirm closure of all services on Monday but evaded or would not provide any forwarding address.

I am sure I read somewhere that the deposit cannot be released without a forwarding address. (maybe Mydeposits?)

I am hoping someone on here can please clarify and also interested in learning of any landlords previous bad experiences/foresight of “No Forwarding Address”. Please note there is no clause in the TA that covers forwarding addresses.

Many thanks,

Madasafish
Property in UK
Deposit protected with DPS and PI supplied

Snorkerz
21-01-2011, 19:13 PM
I would be inclined to forget your cheque book and ask where they want the cheque sending to - I believe you can have up to 14 days to do this (check your schemes rules).

So far as utilites are concerned, I would presume you are going to have to phone all the utility companies up to verify that they have done so, so youmay as well save them the trouble and do it yourself - then you know it is done correctly (and you'll need their address to give to the utility company).

If there are probs, and you don't have their address, companies like findermonkey can usually find them after a few months have passed.

madasafish
21-01-2011, 19:39 PM
I would be inclined to forget your cheque book and ask where they want the cheque sending to - I believe you can have up to 14 days to do this (check your schemes rules).

The deposit is with the custodial service DPS so no cheque book required.


So far as utilites are concerned, I would presume you are going to have to phone all the utility companies up to verify that they have done so, so youmay as well save them the trouble and do it yourself - then you know it is done correctly (and you'll need their address to give to the utility company).

I will do that as a matter of course, having to provide the utility companies with the forwarding address is extra leverage on the tenants to supply "forwarding address" - good point!


If there are probs, and you don't have their address, companies like findermonkey can usually find them after a few months have passed.

Noted - Thank-you

Snorkerz
21-01-2011, 20:01 PM
I am sure I read somewhere that the deposit cannot be released without a forwarding address. (maybe Mydeposits?)[/SIZE]As the deposit is with the DPS, the tenants have to provide the DPS with their address, but the DPS won't reveal it to you.

If you want to be a real pain (ie not very nice...) you could refuse to release the deposit and refuse to go to arbitration. They would then have to sue - but before they could do that they would have to send you a letter before action. To which you reply saying, here is your cheque and thanks for your address. Of course, I would never treat my tenants in such a way ;)

Another way (if their mail is being re-directed) is to send a recorded delivery letter to the tenants at you current address, with something like - "Immediate Payment Required" written in bold letters on the front.

They will hopefully refuse to sign it and it will be returned to you - with the post office having put a nice sticker with their new address on it (for the delivery postmans use).

Labtec81
21-01-2011, 20:20 PM
So far as utilites are concerned, I would presume you are going to have to phone all the utility companies up to verify that they have done so, so youmay as well save them the trouble and do it yourself - then you know it is done correctly (and you'll need their address to give to the utility company).

Just so people know and the OP know, it won't matter if they contact the utility companies, they won't tell the LL anything regarding if the bills have all been brought up to date or if there has been a closure of the services because of the data protection act, and I know you didn't say so Snorkerz but utility companies most definitely won't give the LL the previous tenants forwarding address if they tried to get it from utility companies due to the data protection act as well, it's a catch 22 because I live with my partner and any of the bills in her name I can't speak to the companies about them unless she gives authorisation and we live together!



As the deposit is with the DPS, the tenants have to provide the DPS with their address, but the DPS won't reveal it to you.

If you want to be a real pain (ie not very nice...) you could refuse to release the deposit and refuse to go to arbitration. They would then have to sue - but before they could do that they would have to send you a letter before action. To which you reply saying, here is your cheque and thanks for your address. Of course, I would never treat my tenants in such a way ;)

Another way (if their mail is being re-directed) is to send a recorded delivery letter to the tenants at you current address, with something like - "Immediate Payment Required" written in bold letters on the front.

They will hopefully refuse to sign it and it will be returned to you - with the post office having put a nice sticker with their new address on it (for the delivery postmans use).




No the DPS won't give tenants forwarding address, and you are very wrong thinking that if the landlord refuses to release the deposit and refuses to go to arbitration that the DPS won't automatically release the deposit to the tenant, because if the landlord refuses to go to arbitration the DPS will rule in favour of the tenant as a friend of mine went through the same and because the landlord was being an arse to put it bluntly and refused to do anything to help the situation, the deposit was released to my friend due to the landlord being unwilling to come to any sort of agreement regarding the deposit, they will NOT hold the deposit indefinitely so I would strongly recommend the landlord is careful how they go about things.

Also if the tenants aren't at the address they were renting from the landlord then the new tenants should refuse to sign for it I agree, but it will only be returned to the sender (landlord) if they provide a return address for it to be sent back to, but it most definitely will NOT have a sticker on it with the new address of the previous tenants on it, once again due to the date protection act.

Snorkerz
21-01-2011, 23:49 PM
Just so people know and the OP know, it won't matter if they contact the utility companies, they won't tell the LL anything regarding if the bills have all been brought up to date or if there has been a closure of the services because of the data protection act, and I know you didn't say so Snorkerz but utility companies most definitely won't give the LL the previous tenants forwarding address if they tried to get it from utility companies due to the data protection act as well, it's a catch 22 because I live with my partner and any of the bills in her name I can't speak to the companies about them unless she gives authorisation and we live together!The landlord would have to call the utility to take over the supply until new tenants move in - As this ends the previous account holders liability, the utilities have no problem with this.


No the DPS won't give tenants forwarding address,I never said they would


and you are very wrong thinking that if the landlord refuses to release the deposit and refuses to go to arbitration that the DPS won't automatically release the deposit to the tenant, because if the landlord refuses to go to arbitration the DPS will rule in favour of the tenant as a friend of mine went through the same and because the landlord was being an arse to put it bluntly and refused to do anything to help the situation, the deposit was released to my friend due to the landlord being unwilling to come to any sort of agreement regarding the deposit, they will NOT hold the deposit indefinitely so I would strongly recommend the landlord is careful how they go about things.The DPS would seem to disagree - they will only release the deposit without agreementarbitration or a court order if the LL has disregarded their rules. Which rule do you alledge my suggestion breaks?


17. Deposit Repayments

a. The DPS will not release any part of the Deposit unless:
i. it has all Parties’ agreement to do so; or
ii. there is a Single Claim which is not disputed; or
iii. there is a Decision from an Adjudicator; or
iv. it is passed a Court Order which refers specifi cally to the Deposit and/or
the scheme administrator and the amount of the Deposit to be paid out.
v. such release is permitted under its Adjudication rules as a



23. Eligibility to use the ADR Procedure


a. The ADR Procedure can only be used if both the Landlord and Tenant
have completed a Joint Deposit Repayment Form notifying The DPS
that there is a Dispute in relation to the repayment of the Deposit and
requesting that the Dispute be referred to Adjudication and confi rming
that Landlord and Tenant will be bound by the Decision of the
Adjudicator or if the Parties have completed the Single Claim Process
detailed in Sections 20 to 22 above.



Also if the tenants aren't at the address they were renting from the landlord then the new tenants should refuse to sign for it I agree, No, if the Ts have requested redirection, the envelope won't be delivered to the landlords address - the post office will attempt to deliver it to the ex-tenants new address.


but it will only be returned to the sender (landlord) if they provide a return address for it to be sent back toPretty obvious, but maybe I should have said so


but it most definitely will NOT have a sticker on it with the new address of the previous tenants on it, once again due to the date protection act.Hmm - I have several on file, but maybe you know something I don't. Out of interest - how do the post office know the address it is redirected to when it is 'in the system'?

madasafish
22-01-2011, 19:02 PM
If there are probs, and you don't have their address, companies like findermonkey can usually find them after a few months have passed.

In the case there is any credit registered to the property with the now (let’s assume the) historical tenant and they have not provided me with a forwarding address…..then

Mark all postage “Recipient not at this address” is the general consensus.

In the event a dept collector will knock on my door in a month’s time seeking repayment for the previous tenants dept and I do not have a forwarding address (judging by the posts above - the Jury is out on whether I can give the forwarding address "IF" I had it).

Where do I stand?

Madasafish

Brb
22-01-2011, 19:33 PM
Ohhhh now that's good. I'm most impressed Snorkerz LOL

Shall have to remember that one!

jjlandlord
22-01-2011, 21:51 PM
Snorkez's tip is machiavellian. I'm taking notes!


but it most definitely will NOT have a sticker on it with the new address of the previous tenants on it, once again due to the date protection act.

So do you mean that the post office will remove the sticker before returning the letter to the sender?


In the event a dept collector will knock on my door in a month’s time seeking repayment for the previous tenants dept and I do not have a forwarding address

If someone knocks on the door looking for the previous tenant you only have one thing to reply: "I'm sorry he no longer lives here".