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標題: 請教英國租屋法例 [打印本頁]

作者: sfll 時間: 08-7-2 18:58 標題: 請教英國租屋法例

urgent 呀！

我個仔係咪俾個業主蝦呀？
有冇ma ma 熟英国租屋法例？我要請教請教！
我個仔同三個同學合租,己通知業主唔再續租，点知佢唔肯俾翻d deposit 出嚟。

其實tenants冇break agreement,亦完成了整個約。

作者: nisha 時間: 08-7-3 14:42

If nothing broken or damage in the house. There is no point for not returning deposit. Your son better ask school/Uni to help.

作者: Twolovelyboys 時間: 08-7-6 04:41

House owner in UK alway use excuse to not return deposit money. If renting the house through an estate agent best to negotiate through agent. If still no outcome best to go nearest Citizen Advice Bureau to see if they can help.

原文章由 sfll 於 08-7-2 18:58 發表
urgent 呀！

我個仔係咪俾個業主蝦呀？
有冇ma ma 熟英国租屋法例？我要請教請教！
我個仔同三個同學合租,己通知業主唔再續租，点知佢唔肯俾翻d deposit 出嚟。其實tenants冇break agreement,亦完成了整個約。 ...

作者: sfll 時間: 08-7-6 17:41

The Landlord didn't join the Deposit Protection Scheme either. So is he violating the law already?

作者: Twolovelyboys 時間: 08-7-8 21:36

sfll,

As I've not rented a house before in the UK so I've asked some HK colleagues of mine who are renting in the UK, for their advice which I've copied below:

Colleague 1 -

The government has passed new law last year regarding this thing as it always happened and it's disgusting.

I am not sure which particular department of the council is dealing with it, I think the housing unit or rental unit of the individual council could help.

The new law required the landlord to put the deposit in an account open with the council/government particularly used to put the deposit, and the landlord cannot take any of the deposit without a good reason. If you rent a house last year and your landlord has not put your deposit in this sort of account, he is already against the law, and you can complain to the your council for that if they really deduct your deposit.

Normally what I would do is not giving the last month rent and use the deposit to pay, but by this way you have to have a lot of arguments with the landlord during the last month, as the landlord normally wouldn't agree with it and would like to take some deposit off from you. So far I have not let it happen, but it depends on whether you are prepared with this arguement or not. (But anyway you would have to argue with him if he turns out not returning the deposit!!)

Colleague 2

I think the existing law is favourable to the tenant, the landlord could only remove you via court order, (which called notice 23 or similar..). If I were you, just send the landlord a text to inform him/her your last month rent would be paid by deposit. As long as you let him know in advance, u will be fine in terms of legal issues as you have informed him and give him time to response. The key is: a general rules of contract law applies.

Coleague 1

What I have encountered the landlord/Agent (Agent is the most disgusting) would not agree with using a deposit to pay the rent even you tell them in advance.

The agent issued us a letter, say us own them a month's rent plus centain expenses for administration, and threatened to bring the case to court and get the money back. Do you know how disgusting they would be? We have just ignore them but there would be enough hassal to go through, anyway I still manage to not allowing them to deduct any of the deposit, otherwise I think they will just find some excuse to deduct as much as a month's deposit.

You know as long as they got your name, they will do everything to threaten you by bringing the case to the court.....all they want is just to deduct your deposit...

sfll,

I also have friends who are landlords in the UK they tell me it took the 6 months to evict a tenent if they go through the proper court channel.

My advice would be to negoiate through proper channel if that doesn't work I suggest your son stay in the house for remaining time of the deposit and wait for court notice.

原文章由 sfll 於 08-7-6 17:41 發表
The Landlord didn't join the Deposit Protection Scheme either. So is he violating the law already?

作者: sfll 時間: 08-7-21 15:10

原文章由 Twolovelyboys 於 08-7-8 21:36 發表
sfll,

As I've not rented a house before in the UK so I've asked some HK colleagues of mine who are renting in the UK, for their advice which I've copied below:

Colleague 1 -

The government has pa ...

thanks for your detailed reply.
Actually my son and his 3 housemates gave notice to the landlord already. They didn't use the deposit for the last month's rent. However the landlord claims my son and 1 of the other housemates didn't give enough (2x days, not full 1 month) notice and said already violating the law and so he could took all deposit without giving any back just because of this reason!
However I would like to know if the general law on rental applies the need to give a full month's notice on either side when they need to terminate the agreement.
Another question is could we file the case from Hong Kong side to UK because we are now in Hong Kong, can't file in person!

作者: Twolovelyboys 時間: 08-7-23 19:08

My friend indicated that as your son and his friends has already left and that you are in Hong Kong, it will be very hard to get deposit back.

I won't copy his email to you because it contains some nasty words on landlord in UK.

原文章由 sfll 於 08-7-21 15:10 發表

thanks for your detailed reply.
Actually my son and his 3 housemates gave notice to the landlord already. They didn't use the deposit for the last month's rent. However the landlord claims my son ...

作者: sfll 時間: 08-7-24 10:16

Twolovelyboys,
Thanks for your infor.
Actually they are just for summer, and will be back for next new term.  The progress now is that as the landlolrd didn't admit any fault on his side,  we plan to file to the court as he didn't join the 'Deposit Protection Scheme'.
[If your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then you can apply to the county court for an order that the landlord or agent should pay the deposit back to you, or protect it in one of the tenancy deposit protection schemes. The court will also order the landlord or agent to pay you compensation equivalent to three times the value of the deposit you paid. The landlord or agent must do all of these things within 14 days of the court order.]    This paragraph is quote from the link: england.shelter.dev.squiz

We are wondering if it is not possible to do this in Hong Kong or wait till September when the children would be back to the UK.  The most important point we need to clarify  is  would we be able to win,  my son said the terms in the agreement includes some hidden (Acts...)  not so simple like H.K. and council tax is not required to pay as the tenants are students.
The bad landord's last reply admit nothing but remind my son to read clearly the agreement!!

作者: sfll 時間: 08-8-11 10:28

To twolovelyboys,
up dated information.
My son solved the question.
the landlord give in, but he still keep a part of the deposit for what he called 'maintenance', and credit the rest into our account.

作者: Twolovelyboys 時間: 08-8-14 17:41

sfll,

Thats good to hear, aS long as you alway argue with them seem you will get some money back.

作者: sfll 時間: 08-9-24 10:06

They now successfully located an apartment through an agency. The agreement involves paying all rent in advance and a deposit to be kept by the agent who is member of the Deposit Protection Scheme, whilst interests earned belongs to the agency.
Though my son said previous tenancy agreements of his other classmates are also similar with a lot of clauses asking the tenants to adhere to, I still bother to ask for second opinion as to what point he should pay more attention to? Thanks !

原帖由 Twolovelyboys 於 08-8-14 17:41 發表
sfll,

Thats good to hear, aS long as you alway argue with them seem you will get some money back.

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