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Apr, 2014

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  1. #1

    Default Not got entire prescribed information? Penalty!

    Hi

    My landlord included the PI in our tenancy. However within the PI it stated "a leaflet explaining how the deposit is protected by the housing act 2004 will be provided to the tenant by the person holding the deposit being AGENT X"

    However, although the PI sheets are withn our tenancy, the agent never did give us that leaflet explaining how it is protected.

    Does this mean the PI is complete or incomplete?

    Can LL be penalised for this?

    Our tenancy ended about 3 weeks ago and landlord is also trying to seek some money for cleaning! Even tho property was clean! Hence has got some of our deposit still in their hands

    Key question. Is the prescribed infromation incompletely been given to us as a leaflet was never given!

  2. #2
    Join Date
    Jan 2010
    Location
    Central south coast
    Posts
    2,314

    Default

    What do you mean by 'penalised'? Hanging, water boarding or giving you loads of money to go away?
    It would seem that the landlord did give you some information but what could be argued as 'a clerical error' means he left the leaflet out or maybe you lost it?
    Why are you bringing this up so late in the day one has to ask? Could it be that you are trying to get out of the cleaning costs being imposed?
    Why not challenge the cleaning costs in a fair and square manner?

  3. #3
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,864

    Default

    If the prescribed information has not been provided in full, then yes, you can sue your landlord for up to 3 x the value of the deposit. However, this is not a 'small claims' case, it has to be commenced on court form N208 and will be allocated to the County Court 'Multi Track'. The total court fees that you will need to pay before getting a hearing will total over £1000 and the court process is much more complex than 'small claims' so you would realistically need a solicitor.

    All the above does not prevent the landlord claiming for any diference in condition between the start and end of the tenancy. It is amazing how many tenants think a quick vac is the same as having the place professionally cleaned. You say the place was clean . . . what about the light fittings? Picture rails? top of kitchen cupboards? top of doors & door frames? windows freshly cleaned? Most tenants don't have enough time to do that on move-out day.

  4. #4
    Join Date
    Feb 2011
    Posts
    135

    Default

    Quote Originally Posted by Snorkerz View Post

    It is amazing how many tenants think a quick vac is the same as having the place professionally cleaned. You say the place was clean . . . what about the light fittings? Picture rails? top of kitchen cupboards? top of doors & door frames? windows freshly cleaned? Most tenants don't have enough time to do that on move-out day.
    And you think professional cleaners do all that.

    The ones that did my current place (before I moved in) didn't

    And it's quite common for people not to do "same day" moves in rented, this risk of your new house falling through at the last minute are too great to trust to that.

  5. #5
    Join Date
    Nov 2008
    Location
    Suffolk
    Posts
    2,555

    Default

    Quote Originally Posted by tim123456789 View Post
    And you think professional cleaners do all that.

    The ones that did my current place (before I moved in) didn't

    And it's quite common for people not to do "same day" moves in rented, this risk of your new house falling through at the last minute are too great to trust to that.
    Shouldn't fall through if contract was agreed prior to the date you moved in as happens in 9999 cases out of 10,000. I would expect agent/landlord to find me alternative acccomodation if I signed and he/she didn't provide.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  6. #6

    Default

    Tds terms say:

    The Scheme's Information for Tenants must be attached to the Prescribed Information form when giving to the tenant.

    However we wesn not given this. So was the p info incomplete

    So I can file against her

  7. #7
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,864

    Default

    For crikeys sake, yes you can claim if you can afford the £1000+ cost of such a claim - see post 3.

  8. #8
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by Z4trouble View Post
    Tds terms say:

    The Scheme's Information for Tenants must be attached to the Prescribed Information form when giving to the tenant.

    However we wesn not given this. So was the p info incomplete

    So I can file against her
    What part of Snorkerz' post did you not understand?

    Quote Originally Posted by Snorkerz View Post
    If the prescribed information has not been provided in full, then yes, you can sue your landlord for up to 3 x the value of the deposit.

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