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End of tenancy dispute - ILR Application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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krishna6693
Member
Posts: 185
Joined: Mon Jun 29, 2009 6:21 am

End of tenancy dispute - ILR Application

Post by krishna6693 » Fri Nov 29, 2013 4:13 pm

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

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: End of tenancy dispute - ILR Application

Post by UKBALoveStory » Fri Nov 29, 2013 4:22 pm

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

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Post by CR001 » Fri Nov 29, 2013 4:31 pm

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

UKBA HUNTER
BANNED
Posts: 414
Joined: Tue Feb 05, 2013 3:55 pm
Location: Ground Floor

Post by UKBA HUNTER » Fri Nov 29, 2013 6:44 pm

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.

madhumesh
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Posts: 206
Joined: Sun Nov 27, 2011 12:25 am
India

Post by madhumesh » Fri Nov 29, 2013 8:16 pm

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.

manojk005
Member
Posts: 247
Joined: Thu Jul 01, 2010 11:17 am

Re: End of tenancy dispute - ILR Application

Post by manojk005 » Fri Nov 29, 2013 8:31 pm

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.

krishna6693
Member
Posts: 185
Joined: Mon Jun 29, 2009 6:21 am

Post

Post by krishna6693 » Fri Nov 29, 2013 9:11 pm

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

manojk005
Member
Posts: 247
Joined: Thu Jul 01, 2010 11:17 am

Re: Post

Post by manojk005 » Sat Nov 30, 2013 2:49 pm

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.

sheraz7
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Location: UK

Post by sheraz7 » Sat Nov 30, 2013 3:33 pm

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.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Re: Post

Post by UKBALoveStory » Sat Nov 30, 2013 6:02 pm

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

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