FAO of other LANDLORDS
06 March 2007, 06:38 PM
#1
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FAO of other LANDLORDS
will you be doing the Tenancy Deposit Protection (TDP) thats comes into force from 6th April 2007 on all New ShortHold tenancy aggrements??
If so, how will you do it?
Problem i see is when you get a **** of a tennant that does a runner owing one or more months rent.. how quick would the landlord get the WHOLE deposit back from the 'scheme' the deposits held in?
do you pay to be in a scheme too?
your views please
Phil
If so, how will you do it?
Problem i see is when you get a **** of a tennant that does a runner owing one or more months rent.. how quick would the landlord get the WHOLE deposit back from the 'scheme' the deposits held in?
do you pay to be in a scheme too?
your views please
Phil
Last edited by salsa-king; 06 March 2007 at 06:38 PM. Reason: spellin
07 March 2007, 09:32 AM
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RLA : Tenancy Deposit Scheme : Information for Landlords might help...
Tenant, Landlord, Tenants, Landlords, Deposit, Deposits, Tenant Deposit, Landlord Deposit, Tenant Deposit Scheme, Landlord Deposit Scheme, Letting Agent Deposit, Letting Agent, Property Landlord
Tenancy Deposit Protection - Communities and Local Government
Who will run the schemes? - Communities and Local Government
Computershare
Tenancy Deposit Solutions
Tenancy Deposit Scheme for Regulated Agents
!
Tenant, Landlord, Tenants, Landlords, Deposit, Deposits, Tenant Deposit, Landlord Deposit, Tenant Deposit Scheme, Landlord Deposit Scheme, Letting Agent Deposit, Letting Agent, Property Landlord
Tenancy Deposit Protection - Communities and Local Government
Who will run the schemes? - Communities and Local Government
Computershare
Tenancy Deposit Solutions
Tenancy Deposit Scheme for Regulated Agents
!
Last edited by MartinM; 07 March 2007 at 09:41 AM. Reason: more URLs!
07 March 2007, 10:39 AM
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Dont take a deposit and you don't have to worry, instead take a "Tenancy Setup Fee" / "Tenancy Management Fee" / "Tenancy Maintenance Fee" 
When the tenancy has ended the tenant may apply for a rebate of the setup fee less any deductions for cleaning and/or damage.
We're having new contracts done by our solicitors at present and hope to get around the new laws.
Not after ripping people off, just foresee the new scheme being more trouble than its worth!
When the tenancy has ended the tenant may apply for a rebate of the setup fee less any deductions for cleaning and/or damage.
We're having new contracts done by our solicitors at present and hope to get around the new laws.
Not after ripping people off, just foresee the new scheme being more trouble than its worth!
07 March 2007, 10:44 AM
#4
Landlords are a bunch of thieves in my experience. Greed takes over and they don't won't to give bonds back or they see an opportunity to get free stuff doing to their house.
Much better in Australia where they are required by law to hold it in a government trust account, or like in the rest of the EU where it is kept in the tenants account but needs the landlords signature at the end to release it.
Much better in Australia where they are required by law to hold it in a government trust account, or like in the rest of the EU where it is kept in the tenants account but needs the landlords signature at the end to release it.
07 March 2007, 10:48 AM
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Try being a landlord and you soon see the other side of things 
And you'd be amazed how many tenants simply don't pay the last months rent but say "use the bond money" and then leave hundreds of pounds worth of damage behind!
And you'd be amazed how many tenants simply don't pay the last months rent but say "use the bond money" and then leave hundreds of pounds worth of damage behind!
07 March 2007, 10:51 AM
#6
Appreciate that but I got stung £700 from my last place for all sorts of absolute rubbish including a full inventory fee, a cleaning fee (standard procedure for them to clean the flat even though it was spotless) as well as a whole lot of petty claims that were clearly designed to keep my money.
07 March 2007, 11:04 AM
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I agree some landlords are thieving scumbags, but we're not all like that!
With us, my wife is the landlord/landlady but I see the tenants more often than wifey, as if there is ever a problem, I'm at the property the same day to fix it. We go through the property with the tenant before handover to verify things are all A1 and the same before the end of the tenancy. We don't charge a cleaning fee, as after a tenant has gone, we always give everything a fresh coat of paint and a thorough clean and keep everything in top notch condition.
We are lucky that we are able to hand pick the tenants and so are very selective but there's always a dodgy one that slips through.
As far as the new laws are concerned, we see no need for it from our point of view and have never had a tenant dispute the amount of bond returned (we hand it over at the property as the tenants move out)
With us, my wife is the landlord/landlady but I see the tenants more often than wifey, as if there is ever a problem, I'm at the property the same day to fix it. We go through the property with the tenant before handover to verify things are all A1 and the same before the end of the tenancy. We don't charge a cleaning fee, as after a tenant has gone, we always give everything a fresh coat of paint and a thorough clean and keep everything in top notch condition.
We are lucky that we are able to hand pick the tenants and so are very selective but there's always a dodgy one that slips through.
As far as the new laws are concerned, we see no need for it from our point of view and have never had a tenant dispute the amount of bond returned (we hand it over at the property as the tenants move out)
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07 March 2007, 11:27 AM
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u did just that wae my brothers flat
when she came for an interview tae rent the flat, first she didnt tell him that she will be claiming money fae the dhss and then she turned oot tae be a junkie and a right bitch
my brother made a mistake and didnt have a clause that he wont rent it oot tae dhss folk, see they sent her the money and she had tae pay my brother , she woz so well mannered and came in a big car when she first had a interview wae my bros, the car wasnt hers or her boyfriends, he owned a garage and she claims benefits and works elsewhere but the government is paying her, she didnt pay my brother for a few months when the goverment had paid her the rent tae pay him, my brother sent her a eviction notice coz she woz on the dole, she had legal aid and law seems tae be on the side of the dole scroungers, my brother spoke tae the council and said she isnt sending him rent , they said she told us she has, which is bull, she forged my brothers signature and then got someone tae pretend he woz my bros and spoke tae the council saying i have received rent etc etc
but she woz proven as a liar and council investigated and found oot she woz lying but said u have tae deal wae it through your lawyers etc, but at the end the loss woz gonna be my brothers, he lost a few months rent and she would have got legal aid in a small sums court, before she went, she stole the fridge and broke the new gas fire and crayoned the wallpaper, i hope she suffers
its sad the law aint helping the landlords, these dole monkeys r social parasites
insurance can cover it but for household damage its 2500k excess for a rented property, very sad
07 March 2007, 11:37 AM
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Appreciate that but I got stung £700 from my last place for all sorts of absolute rubbish including a full inventory fee, a cleaning fee (standard procedure for them to clean the flat even though it was spotless) as well as a whole lot of petty claims that were clearly designed to keep my money.
When we left 9 months later, we handed back the keys to a house in a far better state than it was in when we moved in...
Still the landlady whorelet kept back most of the bond and itinerised a list of tasks a "professional cleaner" had had to undertake on our leaving...
I wrote to complain and considered legal action. She wrote back all snotty like and in the end I couldnt be bothered with the hassle of CAB, Small Claims etc so I backed down...
I know however there will be some hardworking honest landlords out there who put their tennants first and I would love to meet one
07 March 2007, 11:57 AM
#10
Coincidentally :
PH: Letting agent barstards....
All the same excuses - just to add the flat that I had to pay cleaning on was totally renovated anyway.
I do like the idea of demanding all receipts for work done as it is me who is paying for it.
PH: Letting agent barstards....
All the same excuses - just to add the flat that I had to pay cleaning on was totally renovated anyway.
I do like the idea of demanding all receipts for work done as it is me who is paying for it.
07 March 2007, 01:24 PM
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In over 15 years of renting properties to quite a few tenants I've only had to retain 2 deposits. I shall not be putting anything into a central fund.
07 March 2007, 05:23 PM
#12
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thing is I'm over a barrel.
If you rent out to a person on social etc you'd have to do it properly.
If you don't do a TDS you can be fined upto THREE times the deposit.
as you have to notify the tennant what scheme the deposit will be held by.
I'm thinking the Insurance back scheme suits me, you still hold the deposit like normal, you have to pay a fee per deposit you take after 6th April. You then pay back the deposit when they move out less what you think is fair, if they don't agree they can then take it up withthe insurance scheme the deposit was held under.
In the last twelve months I've not had to give any deposit back as tenants have done a runner without notice, lucky i don't go a month without finding out. I've then had to re decorate and clean everything as the place's were so bad!!
without being in a scheme you can't serve a section 21 to have them evicted either.
Insurance-based schemes:
The tenant pays the deposit to the landlord;
The landlord retains the deposit and pays a premium to the insurer - the key difference to the custodial scheme;
Within 14 days of receiving a deposit, the landlord must give the tenant prescribed information about the scheme being used and the tenancy. This is a prescribed form. It will be available in due course.
At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, the landlord returns all or some of the deposit;
If there is a dispute, the landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved.
If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it.
Example: a tenant pays a deposit of £ 1000. At the end of the tenancy the landlord says he wishes to keep £200 to pay for replacing damaged furniture. The remaining £800 will be returned to the tenant.
The tenant disagrees, claiming the furniture was damaged when they moved in. Both agree to go to ADR, so the disputed £200 will be transferred to the scheme administrator until the dispute is settled.
Returning Deposits
In each scheme, the deposit must be returned within 10 days of the landlord and tenant agreeing how the deposit should be divided, or within 10 days following notification of an ADR/court decision.
Failure to comply with the tenancy deposit rules
Q.48 What are the penalties if a deposit has not been protected?
a) the landlord is unable to use ‘notice only’ possession procedure (the AST “ground”)
Currently, a landlord can obtain an order for possession of an AST at any point after the first six months of the tenancy providing any fixed term has expired and the landlord gives the tenant at least two months’ written notice (Under Section 21 of the Housing Act 1988). This is known as ‘notice-only’.
However, under TDP, the landlord is unable to regain possession of the property using the usual ‘notice only grounds’, if the deposit has not been safeguarded and the prescribed information passed onto the tenant within 14 days of the landlord receiving it.
b) Financial penalty
Tenants can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him about the scheme in which the deposit is safeguarded.
Where the court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the making of the order to repay the deposit; or order the landlord to pay the deposit to the custodial scheme administrator.
The court must also order the landlord to pay to the tenant a penalty of three times the deposit amount within 14 days of the making of the order. There is no provision for this penalty to be reduced/mitigated. It is automatic if the Court finds against the landlord.
Phil
If you rent out to a person on social etc you'd have to do it properly.
If you don't do a TDS you can be fined upto THREE times the deposit.
as you have to notify the tennant what scheme the deposit will be held by.
I'm thinking the Insurance back scheme suits me, you still hold the deposit like normal, you have to pay a fee per deposit you take after 6th April. You then pay back the deposit when they move out less what you think is fair, if they don't agree they can then take it up withthe insurance scheme the deposit was held under.
In the last twelve months I've not had to give any deposit back as tenants have done a runner without notice, lucky i don't go a month without finding out. I've then had to re decorate and clean everything as the place's were so bad!!
without being in a scheme you can't serve a section 21 to have them evicted either.
Insurance-based schemes:
The tenant pays the deposit to the landlord;
The landlord retains the deposit and pays a premium to the insurer - the key difference to the custodial scheme;
Within 14 days of receiving a deposit, the landlord must give the tenant prescribed information about the scheme being used and the tenancy. This is a prescribed form. It will be available in due course.
At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, the landlord returns all or some of the deposit;
If there is a dispute, the landlord must hand over the disputed amount to the scheme for safekeeping until the dispute is resolved.
If for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it.
Example: a tenant pays a deposit of £ 1000. At the end of the tenancy the landlord says he wishes to keep £200 to pay for replacing damaged furniture. The remaining £800 will be returned to the tenant.
The tenant disagrees, claiming the furniture was damaged when they moved in. Both agree to go to ADR, so the disputed £200 will be transferred to the scheme administrator until the dispute is settled.
Returning Deposits
In each scheme, the deposit must be returned within 10 days of the landlord and tenant agreeing how the deposit should be divided, or within 10 days following notification of an ADR/court decision.
Failure to comply with the tenancy deposit rules
Q.48 What are the penalties if a deposit has not been protected?
a) the landlord is unable to use ‘notice only’ possession procedure (the AST “ground”)
Currently, a landlord can obtain an order for possession of an AST at any point after the first six months of the tenancy providing any fixed term has expired and the landlord gives the tenant at least two months’ written notice (Under Section 21 of the Housing Act 1988). This is known as ‘notice-only’.
However, under TDP, the landlord is unable to regain possession of the property using the usual ‘notice only grounds’, if the deposit has not been safeguarded and the prescribed information passed onto the tenant within 14 days of the landlord receiving it.
b) Financial penalty
Tenants can apply for a court order requiring the deposit to be safeguarded or the prescribed information to be given to him about the scheme in which the deposit is safeguarded.
Where the court believes that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord within 14 days of the making of the order to repay the deposit; or order the landlord to pay the deposit to the custodial scheme administrator.
The court must also order the landlord to pay to the tenant a penalty of three times the deposit amount within 14 days of the making of the order. There is no provision for this penalty to be reduced/mitigated. It is automatic if the Court finds against the landlord.
Phil
07 March 2007, 06:11 PM
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I own a few samll flats let out to students. its clean and safe with all hard wired smoke and fire alarm etc. students get looked after well. But God help them if they mess me around. I dont play silly biggers with these new laws. I have never once cheated the kids. I get the parents to sign a guarantee for any damage and the rent gets paid. I dont ever hold back a deposit or allow one to be used as the "last month" My money bought the flats and I control what happens not the students or the goverment. never had a single complaint.
07 March 2007, 06:30 PM
#14
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what will you do if in 6months time someone does and you get fined or 'looked into'?
I think its all a way for the government tto keep tabs on hos livng where (illegal) and who owns what.. and whos paying tax on the unearned income!!
I think its all a way for the government tto keep tabs on hos livng where (illegal) and who owns what.. and whos paying tax on the unearned income!!
07 March 2007, 09:22 PM
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Like I have said earlier:
Dont take a deposit and you don't have to worry, instead take a "Tenancy Setup Fee" / "Tenancy Management Fee" / "Tenancy Maintenance Fee"
As long as you don't take a deposit you dont have to participate in the scheme. It doesn't stop you taking any other extras though!
Bob
Dont take a deposit and you don't have to worry, instead take a "Tenancy Setup Fee" / "Tenancy Management Fee" / "Tenancy Maintenance Fee"
As long as you don't take a deposit you dont have to participate in the scheme. It doesn't stop you taking any other extras though!
Bob
07 March 2007, 09:34 PM
#16
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is that FEE refundable at the end of the tanancy though?
08 March 2007, 08:02 AM
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08 March 2007, 09:42 AM
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Eviction ! No pay and they go. I dont feed the Poor ,let them go to Oxfam etc.
Helped a mate do it a few times. Bags on pavement and a polite 'goodbye". Very few cant pay etc its the bad tenants that try squatting. If you gave a lift to someone and they refused to get out of the car . Do they have legal rights and this could mean you have no legal right to use your own car etc.
To many expect to live off the backs of others.
Helped a mate do it a few times. Bags on pavement and a polite 'goodbye". Very few cant pay etc its the bad tenants that try squatting. If you gave a lift to someone and they refused to get out of the car . Do they have legal rights and this could mean you have no legal right to use your own car etc.
To many expect to live off the backs of others.
08 March 2007, 07:06 PM
#20
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Eviction ! No pay and they go. I dont feed the Poor ,let them go to Oxfam etc.
Helped a mate do it a few times. Bags on pavement and a polite 'goodbye". Very few cant pay etc its the bad tenants that try squatting. If you gave a lift to someone and they refused to get out of the car . Do they have legal rights and this could mean you have no legal right to use your own car etc.
To many expect to live off the backs of others.
Helped a mate do it a few times. Bags on pavement and a polite 'goodbye". Very few cant pay etc its the bad tenants that try squatting. If you gave a lift to someone and they refused to get out of the car . Do they have legal rights and this could mean you have no legal right to use your own car etc.
To many expect to live off the backs of others.
08 March 2007, 08:00 PM
#21
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I respect certain laws. But squatters are OUT ON DAY ONE. If it ever came to court I would take a chance. But no lanlord can afford to be soft. If any of my tenants fall behind I have someone get in contact with their parents etc. They have a week to pay. Thats it.
Last year i bought new beds and had wooden floors put in (carpet is a waste of time. new boilers and double glazed windows. I respect them and the property. It well looked after . No parties are allowed. The neighbours let me know if they do. I want to keep the neighbours onside.
Last year i bought new beds and had wooden floors put in (carpet is a waste of time. new boilers and double glazed windows. I respect them and the property. It well looked after . No parties are allowed. The neighbours let me know if they do. I want to keep the neighbours onside.
09 March 2007, 07:14 AM
#22
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the last **** to do a runner left the flat like this....
got the wife to clean bathroom and toilet. the smell in the place was aweful, flied circling all the sofa bed and the dumped tatty clothes!
We had to call the police as there were blood over the cielings and floors (turns out it came from 'shooting up') place was a pig sty, took FULL weekend to clear it (u then have to hold all the tenants good for 6months!) and clean every thing from ceiling to floors with bleach to get it back to something presentable. He didn't get any deposit back BTW!! lol
managed to rent it out to s nice girl on DSS, so now council pay ME every 4weeks direct into my bank
winner.
got the wife to clean bathroom and toilet. the smell in the place was aweful, flied circling all the sofa bed and the dumped tatty clothes!
We had to call the police as there were blood over the cielings and floors (turns out it came from 'shooting up') place was a pig sty, took FULL weekend to clear it (u then have to hold all the tenants good for 6months!) and clean every thing from ceiling to floors with bleach to get it back to something presentable. He didn't get any deposit back BTW!! lol
managed to rent it out to s nice girl on DSS, so now council pay ME every 4weeks direct into my bank
winner.
09 March 2007, 08:47 AM
#24
Phil,
I'm surprised you rent such nice flats to DSS tenants!
Two things I learnt from my old man renting out his properties was: no DSS and don't do furnished lets.
After they changed the rules to stop the direct payments to landlords he had too many tenants who suddenly "couldn't afford the rent" despite the council paying it to them, but could afford booze, ****, etc. etc.
Like yours, his furnished flats got trashed so he stopped supplying anything other than the bare minimum; despite this he still has a list of people who want to rent so it didn't affect the properties' rentability.
And no, he doesn't take deposits. like Bob said, there's a Tenancy Maintenance Fee that's reimbursable if asked for, less any repairs or maintenance that have to come out of it.
Cheers,
Steve
I'm surprised you rent such nice flats to DSS tenants!
Two things I learnt from my old man renting out his properties was: no DSS and don't do furnished lets.
After they changed the rules to stop the direct payments to landlords he had too many tenants who suddenly "couldn't afford the rent" despite the council paying it to them, but could afford booze, ****, etc. etc.
Like yours, his furnished flats got trashed so he stopped supplying anything other than the bare minimum; despite this he still has a list of people who want to rent so it didn't affect the properties' rentability.
And no, he doesn't take deposits. like Bob said, there's a Tenancy Maintenance Fee that's reimbursable if asked for, less any repairs or maintenance that have to come out of it.
Cheers,
Steve
09 March 2007, 08:50 AM
#25
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I had one dss, never had another, too much hassle. I don't rent to people with kids or pets either.
09 March 2007, 08:58 AM
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Pets are a no no. Kids also as they disturb others. Also smoking . I never have Lounges as these tend to be abused with guests staying over etc.A lounge can be turned into 2 x bedrooms in a weekend and the rent helps.
All my properties the neighbours keep an eye out for me. That way they are happy and i feal safer. Once a month either I or a friend do a "flying visit" to check. gardens are looked after every month so tenants dont have to bother. The Best tenants I have had have all been DHSS
All my properties the neighbours keep an eye out for me. That way they are happy and i feal safer. Once a month either I or a friend do a "flying visit" to check. gardens are looked after every month so tenants dont have to bother. The Best tenants I have had have all been DHSS
09 March 2007, 01:33 PM
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I rent my appartment here in Germany and paid 2 months rent up front which the landlord opens a bank account with, the money sits there earning interest, when I leave I have to clean and paint the place from top to bottom, it is then handed over using the checklist that we created when I signed the contract, then I will get back the deposit and the interest.
09 March 2007, 06:07 PM
#28
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SPIDER, the flat above didn't have a DSS tenant in it who left it like that, its only now a girls moved in on benefit and they pay me direct fom the council. she has just rang me today wanting longer on her contract too
ANGELS CITY MONGER
the bike? why, it had a twisted shimano gear change at th rear and the wheels were slightly out of line. took it to a bike shop and he wanted £45 to fix it!!!
ANGELS CITY MONGER
the bike? why, it had a twisted shimano gear change at th rear and the wheels were slightly out of line. took it to a bike shop and he wanted £45 to fix it!!!
15 April 2007, 08:34 PM
#29
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anyone registered for the TDS yet?
16 April 2007, 11:38 AM
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Havent registered yet - get on very well with the tenants [2 lady doctors - but rather messy!!!] so was thinking of drawinmg up a signed agreement to re-name the deposit to a "Tenancy Setup Fee"?
What happens to any interest on the deposit if it has to go to the TDS scheme?
Need to decide soon!
D
What happens to any interest on the deposit if it has to go to the TDS scheme?
Need to decide soon!
D