Deposit double protected - one PI or two ??

You already had an answer to the questions you asked in yet another thread you posted.

If you were looking for something to help you get a penalty awarded to bring your arrears below section 8 ground 8 threshold, has there been any new tenancy since September 2020? Or was that a fixed term, and if so when did that end?

There's nothing suggesting they need to provide you with new PI when it's the landlord's agent and not the landlord that's changed, especially when they used the same scheme.

There's no requirement to have to provide you PI again when your fixed term ended and a statutory periodic tenancy started since "when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit."

mahira having read your posts you seem like the biggest pillock on this forum. Either pay the rent you owe or get out of the property! It isn't yours!!!

I guess Sandcastle you are a landlord and you would never understand hard working tenants can some times fall behind due to pandemic etc, and then you engage with them first before taking them to courts.. If you have nothing constructive to reply, how about not writing anything at all !?

have you made any attempt to pay the LL back? How many months' rent do you owe? Paying that back should be your number one priority, yet you seem to think of yourself as the victim!

I am happy to talk constructively but I will bet you will not answer those two simple questions above!

Actually, I had agreed a payment plan and got the arrears to half...but he still served me s8..when I asked him about this, he said he wanted to have the rent cleared quicker...

Had he told me about this before court proceedings, I would have been even amenable to it...now he wants me to sign consent order..

I know I owe rent, and I am happy to payback , but money does not grow in trees and I need time so that I can work extra to pay this back...but landlord just want money and need this quicker...

Now, can I kindly share any advise you may have pls ?

mahira, answer the exact question... how much rent do you owe (in months, you do not have to say the £ value) and how much have you paid back so far?

I owed 4 months rent (combined total) at the during the pandemic (it wasn't I did not pay at all, been paying reduced rent  after getting in touch with LL) and now got it down to 1.5 months..

okay i admit it, i was probably too hasty in calling you the biggest prat on this forum. I apologise. I do think though that your energy should be focused on paying that debt as soon as possible rather than pursuing legal strategies against the landlord.

well, yes, I am trying to clear the arrears, but  if the landlord is arrogant to still go to court despite my good intention and actions, I got to give it back to him right...?

But, I understand from KTC and JPKEATES, the ground under s214 seems not valid..I will have to do more research on this..

anyway, anybody know what impact agreeing to a consent order with LL be pls? This is because, I am trying to see if it is better to defend the s8 or agree to a consent order which as I understand just to have a legal force to a payment plan I had put forward and can commit to.

So this is a completely separate case from your 2017 one?

You have had two separate landlords who have tried to evict you for non payment of rent? And you believe that they both breached the s214 rules?

That is quite a conincedence!

anybody know what impact agreeing to a consent order with LL be pls? This is because, I am trying to see if it is better to defend the s8 or agree to a consent order which as I understand just to have a legal force to a payment plan I had put forward and can commit to.

A consent order is a court approved record of an agreement.
So it's not really possible to say whether it's good or not because that depends on what it says, rather than what it is.

Generally it is a financial agreement of some kind (they're common in divorce settlements) that, if not complied with, is a contempt of court, which is quite a serious matter.

It normally wouldn't involve a possession claim, so, on the face of it, it would probably confirm the payment plan that you have agreed (and that you slipped up on) and you'd still be living in the property, so that would be a win.
If you don't keep to the payment plan under the consent order, I think you could possibly go to prison (although that's not likely).

Part of the decision is likely to be the landlord's legal costs - getting a consent order isn't that cheap and it seems an odd thing to pursue when the arrears are being paid.

I told myself I would not comment any more on this.Your first post dragged on for years,any help you got only led to yet more demands for advice.You were very coy about the reasons for the conflict with your previous landlord,and never came back here with the result of your court case.How did it go,did you get the many thousands you were claiming? If so,you could have kept paying your rent.

You accuse your landlords of only caring about money,and seem unaware of how hypocritical you are. You seem to be devoting your life to finding loopholes to evade your own responsibilities and screw every last penny from anyone who challenges you.Your words such as "I would have been amenable to this" betray you.You seem to think you are doing a big favour to your landlord if you pay rent to live to live in his house.I was expecting a couple of my tenants to get into difficulties during Covid,and would have been sympathetic.In fact,they gave priority to paying their rent.
I would be interested to know if you have other claims going? There has been a change in your tone this time, previously you expressed grovelling thanks to anyone who was giving you support.This time you are more irritable,impatient that others are not doing enough for you. The thing is Mahira,nothing will ever be enough for you,will it?

I'm not sure how estoppel interacts with section 8 here. On its own if ground 8 are met, the court must award an order for possession and cannot suspend it. The most it can do is postpone it to up to six weeks from the date of the making of the order. Maybe the tenant in such a situation could apply for and get an adjournment before the hearing of evidence on the basis that there's an agreed payment plan that's being followed. Once the hearing take place, it's too late.

I don't really understand how s9 operates in practice.
I don't see why a court's normal discretion to suspend its judgement or postpone a decision should require specifically restating in this legislation.

And s9 seems to be otherwise pointless - because the "extended discretion" given by the section is essentially removed by s9(6) as the schedule of possible grounds is, as far as can tell, exhaustive.

Quote from: jpkeates on July 26, 2022, 12:17:20 PM

And s9 seems to be otherwise pointless - because the "extended discretion" given by the section is essentially removed by s9(6) as the schedule of possible grounds is, as far as can tell, exhaustive.

The discretion is disapplied for Part I of Schedule 2 and section 21, i.e. all the mandatory grounds. All the discretionary ground is in Part II of Schedule 2. Section 89 of the Housing Act 1980 limits how long the court may otherwise suspend a possession order for, also probably the reason why discretion needed to be specifically stated in s9.

Makes sense, thanks.