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End of tenancy dispute - ILR Application
Posted: Fri Nov 29, 2013 4:13 pm
by krishna6693
Hi Friends
I am on a Tier 1 General visa and will apply for ILR in Apr 2015.
Recenly, I moved from my rented flat and there is a dispute with my landlord regarding my deposit to be returned to me.
If we could not reach an agreement by discussions, landlord or myself may approach court.
If I enter into court proceedings, will it affect or my ILR application be rejected.
Should I agree to landlord's claims although they are not true.
Thank you very much for your help.
Regards
Krishna
Re: End of tenancy dispute - ILR Application
Posted: Fri Nov 29, 2013 4:22 pm
by UKBALoveStory
krishna6693 wrote:Hi Friends
I am on a Tier 1 General visa and will apply for ILR in Apr 2015.
Recenly, I moved from my rented flat and there is a dispute with my landlord regarding my deposit to be returned to me.
If we could not reach an agreement by discussions, landlord or myself may approach court.
If I enter into court proceedings, will it affect or my ILR application be rejected.
Should I agree to landlord's claims although they are not true.
Thank you very much for your help.
Regards
Krishna
You should try to sort out the matter without court.
Thanks
Posted: Fri Nov 29, 2013 4:31 pm
by CR001
it wont have any effect on ilr as theses disputes are a civil court matter and not criminal, so if you lose it is not a conviction.
Posted: Fri Nov 29, 2013 6:44 pm
by UKBA HUNTER
In now a days taking back the security deposit is really a big problem but wise tenants always try to live there during that period of notice of leaving the property equal to that amount. If amount is not heavy and you doing good job then try to negotiate it otherwise do not use court and use same time mind freely in preparing your case instead of taking time off from work in court proceeding.
But make sure you change your address from there as quickly as possible.
Posted: Fri Nov 29, 2013 8:16 pm
by madhumesh
Your deposit must be protected by one of participating
Tenancy deposit protection scheme. Find out who is yours and can use arbitrator of your scheme, it is free for tenant and less hassle I think.
Re: End of tenancy dispute - ILR Application
Posted: Fri Nov 29, 2013 8:31 pm
by manojk005
krishna6693 wrote:Hi Friends
I am on a Tier 1 General visa and will apply for ILR in Apr 2015.
Recenly, I moved from my rented flat and there is a dispute with my landlord regarding my deposit to be returned to me.
If we could not reach an agreement by discussions, landlord or myself may approach court.
If I enter into court proceedings, will it affect or my ILR application be rejected.
Should I agree to landlord's claims although they are not true.
Thank you very much for your help.
Regards
Krishna
It will have no effect on ILR. If you do google search for getting deposit back then you will know how to handle this. I have done and have no effect to ILR.
Post
Posted: Fri Nov 29, 2013 9:11 pm
by krishna6693
Thank you so much friends.
I am in a good job, very decent salary so me leaving my deposit or paying extra to the landlord is really not an issue for me.
Its just so unfair and unreasonable as landlord is demanding double the amount of my deposit and I have been trying my best to discuss and negotiate since last one month.
Had the landlord been fair, I would have just agreed.
Worst case, I have to stand firm against such people.
But good to know that there will be no effect on ILR.
Thank you once again
Regards
Krishma
Re: Post
Posted: Sat Nov 30, 2013 2:49 pm
by manojk005
krishna6693 wrote:Thank you so much friends.
I am in a good job, very decent salary so me leaving my deposit or paying extra to the landlord is really not an issue for me.
Its just so unfair and unreasonable as landlord is demanding double the amount of my deposit and I have been trying my best to discuss and negotiate since last one month.
Had the landlord been fair, I would have just agreed.
Worst case, I have to stand firm against such people.
But good to know that there will be no effect on ILR.
Thank you once again
Regards
Krishma
It is very difficult and almost impossible to prove the amount your landlord is asking, i.e. double the amount of deposit. Landlord had to prove this by giving evidence in paper not just by saying. If your deposit had not been protected in an approved scheme then your landlord is immediately liable to a fine upto three times your deposit by just approaching court. if you do a little research then you are intelligent enough to find out how to fight. Unfortunately, These type of landlord see immigrant as money tree and had to be stopped. I have fought two landlords like these on my own and got all money. I earn a decent salary (higher rate tax payer) but had fought for my hard earned £100. Rest is upto you that how you take it forward.
Posted: Sat Nov 30, 2013 3:33 pm
by sheraz7
Getting your deposit back:
You can apply to a county court if you think your landlord hasn’t used a tenancy deposit protection (TDP) scheme when they should have.
Get legal advice before applying to court.
If the court finds your landlord hasn’t protected your deposit, it can order the person holding the deposit to either:
repay it to you
pay it into a custodial TDP scheme’s bank account within 14 days
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.
At the end of the tenancy:
If your landlord doesn’t use a TDP scheme when they have to, the court may also decide that you won’t have to leave the property when the tenancy ends.
Re: Post
Posted: Sat Nov 30, 2013 6:02 pm
by UKBALoveStory
manojk005 wrote:krishna6693 wrote:Thank you so much friends.
I am in a good job, very decent salary so me leaving my deposit or paying extra to the landlord is really not an issue for me.
Its just so unfair and unreasonable as landlord is demanding double the amount of my deposit and I have been trying my best to discuss and negotiate since last one month.
Had the landlord been fair, I would have just agreed.
Worst case, I have to stand firm against such people.
But good to know that there will be no effect on ILR.
Thank you once again
Regards
Krishma
It is very difficult and almost impossible to prove the amount your landlord is asking, i.e. double the amount of deposit. Landlord had to prove this by giving evidence in paper not just by saying. If your deposit had not been protected in an approved scheme then your landlord is immediately liable to a fine upto three times your deposit by just approaching court. if you do a little research then you are intelligent enough to find out how to fight. Unfortunately, These type of landlord see immigrant as money tree and had to be stopped. I have fought two landlords like these on my own and got all money. I earn a decent salary (higher rate tax payer) but had fought for my hard earned £100. Rest is upto you that how you take it forward.
+1