It is regarding about the deposit and rent arrears.
My lodger moved out without notice within the term of tenacy and I kept the desposit for the losses then he claim for the court for the excuse of I did not keep the deposit into the scheme during my holiday.Court gave the judgment for compensation and the amount is around 4 *rent.
Since I have came back from the holiday ,I was kept chased by the debt collection company.
I have some questions now.
What shall I do for this moment and what shall I wrote on the letter?
I have forwarded the letter as below
I am writing the letter to explain the tenancy dispute in 65 Mitchell way, Neasden NW10 0PT attached the documents for your consideration.
I purchased 65 XXXXXXXXXXXwith residential mortgage as residential property two years ago.
53 XXXXXX was purchased in April 2016 and after 3 months refurbishment ,we let it out as investment property.
Massimo Cerquetti is the lodger of 65 Mitchell way, NW10 0PT and share the house with me and my partner’s friend Filoo,Adam and partner Zhe Zhang. We shared utility bills and living space, kitchen and toilets.
We have house share agreement with each other and we only let out one room to Massimo Cerquetti.
So under section 214(1) Housing Act 2004 on the grounds that the initial requirements of an authorised scheme under section 213(4) and Section 213(6) in that prescribed form about the scheme with out deposit has been registered does not apply into this case.
Under Paragraph 10 of Schedule I, Housing Act 1988 - 'Tenancies which cannot be assured tenancies'. Para 10 is the one about resident landlords, and it's why your lodgers can't have an assured [shorthold] tenancy.
Chapter 4 of Housing Act 2004, which is the legislation about deposit protection, and it only applying to assured shorthold tenancies.
Finally, a link to a government website, which says (in the first two paras):
"Landlords must protect their tenants' deposits using a TDP scheme if they have let the property on an assured shorthold tenancy (AST) which started after 6 April 2007. If these conditions don't apply - for example, because you live in the property with your tenant - you do not have to protect your tenants' deposits."
So is is not strict liability offence and the court should not make any judgement against Housing Act 1988 and chapter 4 of Housing Act 2004.
Cost for cover the losses
The lodger did not give any notice to end the tenancy and he is liable for paying the balance of rest of tenancy term which is £541*4=£2164 .
Except the balance of the rent he owe but also he is trying to leaving the house without paying the rent as he would not able to pay his rent through housing benefit and in order not to pay for the rent , he sent me to the court for the rent.During the term I suffered big losses as CCJ has been put on the report and It has been made big effect to me life.
The court sent me the letter to the wrong address 53 Russet Crescent,N7 9TD which is not my residential address and is my investment property address only. I was kept received the scaring call from the money collection company which made a bad effect on my life.
I wish court can make good judgment and get back to me a good answer.
In the event that judgment remains upaid 14 days, we will take most of appropriate measures to enforce payment of Judgment debt.
We enclose the copy of tenancy agreement and utility bills show landlord share the bills and kitchen ,toilets and living area with Lodger Massimo Cerquetti.
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