Everything posted by LadyEarth
Our landlord didn't put our deposit into a TDS when we began our AST but did place it into The Dispute Service on 7th November. We had an email including the relevant leaflets on 22nd November (15 days later, minutes after I had written an email to the landlord threatening action). It seems likely (?) that we could have the deposit repaid at the end of the tenancy because he didn't deposit it in good time, (not that I am planning to trash the place! but we have it on good authority that he is a bit slippery about paying deposits back). Do I have a case to go to court? I wonder if I can sue for interest between his receiving the deposit and placing it in the scheme, and also for compensation, (as it was late into the scheme it is not protected). I am normally quite forgiving, (truly!) but this dreadful man has deceived us from the start and i have uprooted my family unneccesarily. If I have a case, how should I proceed?
With any normal person just such a reasonable argument would work. Unfortunately our LL isn't reasonable... Since moving in we have heard all sorts of stories about his dubious business practice. We have spent the last four weeks bending over backwards to try and make a solution and he has ignored our emails and avoided our calls. If this were purely a business deal we would stay until the end of our AST and then find somewhere else. However it is our home and now feels like it isn't, we are unwilling to invest in carpets, curtains etc in a house that we will be leaving soon which means the next 7 months will be uncomfortable. We have personal and business plans that will have to be put on hold until we have a secure home. For these personal reasons we are prepared to take some risks, but of course we don't want to end up with massive bills and a CCJ! Interestingly the purchasers (who are unable to complete without vacant possession) are prepared to take over our tenancy immediately so that the landlord has no losses. He is refusing because it will reduce his leverage on an early sale. If we leave can he sue us for losses if he has refused an alternative tenant?
OK, a really long story here but the crux is; our landlord is in the process of selling thehouse to private buyers who want to move in by Christmas. We have an AST with seven months outstandingbut are happy to leave early so that we can move to somewhere permanent and getcomfortable (rather than waiting for the axe to fall). We have found somewhere that is available (ourkind of property is v hard to come by and we feel lucky that we have an out)but need to move in ASAP. LL will onlyend our tenancy at the point of exchange which may happen in a few weeks. We want to end the tenancy regardless ofexchange so that we can settle our family. As the landlord did not treat our deposit appropriately wehave grounds to sue him and have suggested that if he ends our tenancy formallyby 30th we will not sue. Heis now trying to bring forward exchange etc. My question is, our rent falls due on Saturday. If I pay only what would be due until 30thi.e. 6 days worth, would it reduce our leverage or make us vulnerable in anyway? If payment is held until Monday (it would be paid thennormally as the SO for Saturday would prob go out Monday any way) would thatmake us vulnerable? Should I pay rent a day early to be sure of being on time? Any other suggestions on how to emerge from this tenancyunscathed would be very welcome!