Hi guys, have read the site for a while now but never posted. I have a few issues with our Landlord that I could use some help with.
To give you some background, the place we're in is ultimately being levelled and four houses built on the grounds. We knew this when we moved in and the Landlord made no secret of the fact. We are renting 'privately' so no agent involved.
AST signed 8th May 2009, for 12 months which obviously expired on 8th May 2010. No new agreement as the Landlord is in the final throws of gaining the required PP to build.
First issue: the property is ONE dwelling according to Land Registry, and only registered for one council tax, Water etc account. However, there is a small one bedroom self contained annexe which is rented out to a separate couple. I'm guessing there is some sort of issue legally with this set up?
The whole set up has led to problems with us paying rent as the utilities are in our names and we have to reclaim the relevant amounts from next door however they are awful at actually paying us so we've been a few days, up to a week or two, late with rent in the past. We are completely up to date now though, including the final, reduced, rent payment on the 9th of this month. We received a notice to quit from the LL giving ONE months notice last month, however after being laughed off this has been retracted because...
Second issue: Our deposit of circa £1400 paid upon entry was NEVER protected under the TDS. The AST states that it is held with TPS however after checking with them (and the other two) it is definitely NOT held with any of them.
We are moving out on 30th July as my son starts Primary school in September and we need some sort of stability rather than being turfed out at two months notice to find somewhere else, probably with a new school to boot.
My main question is this - our Landlord is going to inspect the property a few days before we go (bearing in mind that NO inventory or condition report or anything was ever signed when we moved in, with the Landlord using the phrase "I don't care what you do to the place, it's being knocked down") with a view to our deposit.
If we had the money to pay our new place outright then I would still take the guy to court as he owns a lot of property and I'm sure has never registered any deposits and there must be lots of people who have had much needed deposit money withheld unfairly and more importantly ILLEGALLY.
So, if he tries to withhold any money I am planning to write to him to tell him that I will ONLY accept the full amount back and that I will take him to court to try to reclaim 3x as compensation. Am I correct doing this?
Also, if he agrees to pay the full amount, can I then take him to court anyway for the 3x compensation? As I say, it's not about the money, and if we had the money to move anyway I would press ahead with proceedings in the hope that he changes his ways for future tenants.
As I understand it, I am fully entitled to take him to court after the tenancy has ended, and that I can further take him to court if he pays an amount that HE is happy with and I am NOT for the remainder of the deposit PLUS the 3x deposit, but can I, I guess, have my cake and eat it?
The main thing really is that we can't afford to lose our next place as it's in a perfect position, is long term and is bigger and cheaper so we really can't jeopardise this by missing our move in date because of a court case unless it really comes to it.
Apologies for the extremely long winded post but I don't know how to attack this. Thanks in advance for your help.