Misleading claims by Tenancy Deposit Scheme?
I find certain claims by TDS highly objectionable. For example:
Claim that a section 8 notice ends a tenancy (accepting rent on expiry will create a new tenancy):
Quote:(Issuing a Section 8 notice is one of the ways a tenancy can end; when it expires, the tenancy is terminated. Therefore, accepting rent and implying a new periodic tenancy may jeopardise a Section 8 possession claim in the eyes of the law.)
Claim: Section 21 does not have an expiry date:
(A Section 21 notice does not have an expiry date, and therefore does not end a tenancy )
Mesne profit is not at the double rate as per Distress of Rent Act 1737:
Quote:Mesne profits (pronounced ‘mean’ profits, and also known as ‘occupation charges’) are a handy hangover from old feudal law that still informs much of today’s legislation. Mesne profits represent the value that a tenant derives from the occupation of a property between the time a tenancy ends and the time the tenant leaves.
If, following the issue of a Section 8 notice, you wish to accept rent as mesne profits, do not continue to accept rent under the old terms of your contract. Instead, write to your tenant informing them that they should continue to pay an occupation charge equal to the sum of the original rent.. Unquote.
The source of my information:
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