Tuesday, January 26, 2010
Tuesday, January 19, 2010
Elderly widow loses tenancy deposit case
News Story
Elderly widow loses tenancy deposit case
Friday 3rd July 2009
A shocking case has emerged in which an 81-year-old widow suffering from dementia was sued in court over a tenancy deposit.
The court has found in favour of her former tenants, even though their deposit had been safely protected, in this case by the agents, just as the law requires.
Yet frail Mrs Dorothy Osborn had to be taken from her care home in Norfolk and driven 200 miles to the county court hearing in Portsmouth by her son Michael Osborn.
The court had previously not been able to advise Osborn whether he could appear on behalf of his mother as her ‘litigation friend’, although when the case was subsequently heard on June 23, he was allowed to speak for her in the case of Locke & Orchard (the tenants) v Osborn.
Osborn, an estate agent and also founder of the website Brightmove, said: “It was very unfair on my elderly mother to have been summonsed in this way.”
The tenants, one of whom is understood to work in the legal profession, had rented the property through Countrywide Residential Lettings. The house in question was in Mrs Osborn’s home city of Portsmouth, and had been bought by her and her late husband Stan, a Fellow of the NAEA, in the 1970s. After their retirement, the couple moved away to Norfolk, where he died three years later.
According to both Osborn and Countrywide, the Portsmouth tenants had had their £695 deposit protected, perfectly properly and as the law requires. Countrywide had used the TDS insurance-backed scheme.
However, for some reason the firm inadvertently failed to give the tenants the prescribed information, as the law also requires, within 14 days of the deposit being taken by the agents. Prescribed information includes details such as the address of the rental property and information as to how the deposit is protected.
The court also found that the deposit was not returned in full within 14 days of the end of the tenancy, another requirement of the legislation.
Section 214 of the Housing Act 2004 allows tenants redress against either the agent or the landlord, but in this case the tenants successfully pursued their elderly landlord through the courts for the legally prescribed penalty – three times the deposit, plus costs and interest.
The money will now have to be paid by Mrs Osborn within 30 days. Her son said: “We are just awaiting the official notification of the judgement.
“My mother was not able to follow the court proceedings at all. I made a point of asking her if she had understood them, and she replied, ‘Not a word, John’.”
John Hards, chairman of Countrywide Residential Lettings, said aspects of the case had been shameful and upsetting, but that the court’s hands were tied in applying both the law and penalties laid down by an Act of Parliament.
“We worked with the elderly lady’s relative throughout,” he said. “We are very strict on our procedures and we spend a lot of time and money in trying to get them right.
“But although we did register the deposit correctly, in this case obviously something slipped through the net and I’ll be looking into what happened. I certainly wouldn’t want to see the lady out of pocket if it was our fault, and we will look to reimburse her.”
Elderly widow loses tenancy deposit case
Friday 3rd July 2009
A shocking case has emerged in which an 81-year-old widow suffering from dementia was sued in court over a tenancy deposit.
The court has found in favour of her former tenants, even though their deposit had been safely protected, in this case by the agents, just as the law requires.
Yet frail Mrs Dorothy Osborn had to be taken from her care home in Norfolk and driven 200 miles to the county court hearing in Portsmouth by her son Michael Osborn.
The court had previously not been able to advise Osborn whether he could appear on behalf of his mother as her ‘litigation friend’, although when the case was subsequently heard on June 23, he was allowed to speak for her in the case of Locke & Orchard (the tenants) v Osborn.
Osborn, an estate agent and also founder of the website Brightmove, said: “It was very unfair on my elderly mother to have been summonsed in this way.”
The tenants, one of whom is understood to work in the legal profession, had rented the property through Countrywide Residential Lettings. The house in question was in Mrs Osborn’s home city of Portsmouth, and had been bought by her and her late husband Stan, a Fellow of the NAEA, in the 1970s. After their retirement, the couple moved away to Norfolk, where he died three years later.
According to both Osborn and Countrywide, the Portsmouth tenants had had their £695 deposit protected, perfectly properly and as the law requires. Countrywide had used the TDS insurance-backed scheme.
However, for some reason the firm inadvertently failed to give the tenants the prescribed information, as the law also requires, within 14 days of the deposit being taken by the agents. Prescribed information includes details such as the address of the rental property and information as to how the deposit is protected.
The court also found that the deposit was not returned in full within 14 days of the end of the tenancy, another requirement of the legislation.
Section 214 of the Housing Act 2004 allows tenants redress against either the agent or the landlord, but in this case the tenants successfully pursued their elderly landlord through the courts for the legally prescribed penalty – three times the deposit, plus costs and interest.
The money will now have to be paid by Mrs Osborn within 30 days. Her son said: “We are just awaiting the official notification of the judgement.
“My mother was not able to follow the court proceedings at all. I made a point of asking her if she had understood them, and she replied, ‘Not a word, John’.”
John Hards, chairman of Countrywide Residential Lettings, said aspects of the case had been shameful and upsetting, but that the court’s hands were tied in applying both the law and penalties laid down by an Act of Parliament.
“We worked with the elderly lady’s relative throughout,” he said. “We are very strict on our procedures and we spend a lot of time and money in trying to get them right.
“But although we did register the deposit correctly, in this case obviously something slipped through the net and I’ll be looking into what happened. I certainly wouldn’t want to see the lady out of pocket if it was our fault, and we will look to reimburse her.”
Tuesday, January 05, 2010
Happy New Year Abingdon!
The new year has started very crisply hasn't it? The grass looked like frost on frost on frost this morning which was very beautiful.
My frugal tip for this time of year is to wear more clothes. Honestly! Add layers, ladies and gentlemen before you run to the heating thermostat. Having your home like the Bahamas while it is so cold outside is a recipe for condensation and mouldiness in cold spots like window and door lintels and parts of the house which are less well insulated.
This kind of thing isn't pretty but it won't kill you. A wipe with some white vinegar will get rid of the blackness and reducing the temperature inside the house will help the condensation too. Wiping the windows isn't a bad idea and a microfibre cloth from your nearest pound shop is the ideal thing to use. This problem can't me prevented entirely because you can't stop the cold meeting the warmer walls and windows of any house.
See my Topical Tip of the Month from this month last year for more ideas on keeping warm.
My frugal tip for this time of year is to wear more clothes. Honestly! Add layers, ladies and gentlemen before you run to the heating thermostat. Having your home like the Bahamas while it is so cold outside is a recipe for condensation and mouldiness in cold spots like window and door lintels and parts of the house which are less well insulated.
This kind of thing isn't pretty but it won't kill you. A wipe with some white vinegar will get rid of the blackness and reducing the temperature inside the house will help the condensation too. Wiping the windows isn't a bad idea and a microfibre cloth from your nearest pound shop is the ideal thing to use. This problem can't me prevented entirely because you can't stop the cold meeting the warmer walls and windows of any house.
See my Topical Tip of the Month from this month last year for more ideas on keeping warm.
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