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W1zard43

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About W1zard43

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  1. I registered the rest of the houses but due to an admin error missed this one, I did not received any letter asking me to register this property. But the local authority noticed this house asked the tenants and the next thing I became aware of was a letter arriving at a house i lived in 5 years ago from the local authority containing a summons notice As soon as I became aware I put in a registration form, with the relevant corgi / elec certs and the fee Basically the local authority had my curren address but sent the summons to an incorrect address Let me know, if its a small fine then ok, otherwise if its going to be a bit slap then i may get a solicitor to take a good look over their submission to see if there are any legal holes in it
  2. Any idea if I plead guilty what penalty to expect ?
  3. I have received a court summons for not registered a house as an HMO However the summons was sent to an address I moved out of 6 years ago My questions: Can I ask for the matter to be set aside as the summons was sent to an incorrect address ? If I plead guilty am I going to get a huge fine ? I have applied to register the property and did this a few days after I became aware of the summons Should I write to the court and as for the matter to be set aside as it was sent to an incorrect address and notify the court that an application has already been submitted to register the property, I did not receive any notification from the Council to register it
  4. It certainly looks like that, guess I need to put the correspondance through the registed deposit, or wait until the 90 days passes Will put it all in writing to the tenants to keep my options open Going to give their new landlord a heads up, since they got the propety through a friend's estate agency business Sometimes think this renting game is a big pain in the *** Should stick to developing properties and less time dealing with smart tenants....always another way tenants can get one over on you ! thanks for advise, will give docs to my solicitor to get their view also just in case their is some precidents from previous cases
  5. I would expect 1,000 - 1,500 ...stolen sofa, re decoration etc Its the principal that the fact that the deposit was not registered / registered last is causing an issue if the whole thing goes to court. The court process concerns me ie if I get fined 3 x deposit I think if I could get some comfort that this would not occur then I would pursue it, because the other grounds are rock solid Its not a great deal but for the tenants to use the 3 x deposit fine as a stick to put me off is enough to push it to court, but only if the judge will use power to fine me.....
  6. ----------------------------- It would appear that the deposit held from the previous tennancy should have been registered - agreed So yesterday I registered it, one day before the contract ends The tenants are professionals they have already moved out and I have move in to the property so perhaps the section 21 is not applicable Question 1) Do you think it is possible for the courts to fine me, yes the deposit was registered late, but it now is registered My view is 1) Go through the deposit scheme - however since they have used all the deposit for missed rent it will not go anywhere 2) Apply to County Court for delapidations 3) My only concern about this would be the "risk" of the 3 x deposit fine Further more I agree that all kinds of issues come out via the county court case but apart from the "deposit" issue the issue is clear . Detailed signed inventory at start with photos. Detailed inventory at end with photos Detailed email correspondance throughout Intested to get thoughts on the courts view as I guess this is new ground on the fine rule
  7. I had an existing assured tenacy agreement which commensed in 2004 when a deposit was taken. A new agreement was drawn up in June 2007, however no deposit was taken. The contract is an AST of rental value less than 25,000 per year (slightly over if the deposit is included in the calculation) One tenant was new and the other one was part of the original group I have read that the relevant law does not specifically say that the landlord has to specifically protect the deposit in this case The issue has come to light because the tenants have used the deposit to pay the last months rent and left the property a mess. Their threat is if I take the case to court I will face a fine of 3 x deposit Would like views on this, thanks
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