Housing Act 2004 - Tenancy Deposit Provisions - Loopholes

[jet1872]

Hello All, I need your valuable advice

 

1. I entered into an AST on 30th June 2007 which ended on 28th June 2008 and I have moved out

 

2. The landlords agents handed over the possession but never did inventory. I however on my own initiative noted down issues and got it signed by Agent both at start and end of AST

 

3. The agent is from Harrow and is a crook. He informed landlord that I have done damages (This is because I did not extended this tenancy for which I was paying above market rent and I took another similat property from this agents competitor)

 

4. Landlord has witheld £500.00 of my deposit and refuses to recognize what his agent has given in writing to me. On the other hand he does not have any inventory also

 

5. I also asked him now about how is my deposit protected and he gave me in writing (email) that my deposit is not protected

 

6. I sent him 19 email reminders and several phone calls and he stopped responding to them lately. So I have now sent him LBA to return my deposit in 14 days or I will file a TDS Non Compliance case against him

 

7. He received the LBA and was furious. He called me yesterday, used abusive language and said that "He owns 100 apartments in London and also knows loopholes in Housing Act. Even if I put up a claim I will lose because he will fight using this loophole" He also threatened me that now he will file a counter claim on me and ask for more than £500.00 back from me.

 

8. I paid the deposit to his Agent for which I have a receipt. The AST signed by landlord clearly states that the agent will receive the deposit but it will be held by landlord. The AST does not have any mention of TDS. The landlord claims that he is not liable for deposit protection because he did not received full money from agent because the agent deducted his commission from there

 

Whatever I have stated above are FACTS. I know that I have not done any damages

 

I am really worried. I am new to this country and have a professional career + family to look after.

 

Questions

1. Are you aware of any such loopholes in tenancy deposit Act? which landlord can use to evade paying back deposit + penalty

2. I have not done any damage for which he should hold my £500.00 deposit leave alone filing a counter claim. He did not do any inventory but I have signed letters from his agent at beginning and end of tenancy which clearly states that there were issues at the beginning of tenancy and the apartment was found in the same condition. Can he disown this letter from his agent

3. Should I go ahead and file a case in couty court. How much will it cost and how much of my time will be required

[jet1872]

My tenancy began on 30th June 2007 and ended on 28th June 2008. The landlord is holding back my deposit on following 3 issues.

 

1. Leakage in Toilet:

There is a very small leakage from water pipe. This happened automatically as wear & tear and not wilful damage. I spotted it in Apr 2008 and informed landlords managing agent to get is repaired. I sent an email to this effect on which the letting agent did not took any action

 

2. Patio Doors

There are large pation doors from living room to balcony. There was a problem in closing these doors. I spotted this at the beginning of my tenancy and made landlords agent to sign that doors are malfunctioning. At the end of tenancy I also took signature from agent that the doors are received in same condition

 

3. Oven

The landlord claims that the oven is not working. We however used to use it and it was working fine till the end.

 

The landlord or agent never did any inventory at the beginning and the new tenants have also moved in the property after we moved out

 

Please advice

1. Can landlord disown what his agent has given in writing to me. I have never met landlord and his agent did handing over of apartment, taking deposit from me and taking the possession back on his behalf

 

2. Can emails be used as proofs in courts?

 

3. How can the oven thing which he is claiming can be resolved? This is because I have written proofs for toilet and patio doors but not for oven . What I know is that oven was working fine when we left

[MrShed]

1) No loopholes as far as I am aware.

2) Doenst matter if he does - you can use it as proof of no damage. But this is by the by - the TDS breach ultimately will result in the full return of your deposit.

3) Yes - Planner knows this aspect better than me.

[MrShed]

I'm not going to address this because it is pointless having two seperate threads for what is ultimately the same query.

[freakyleaky]

2 threads merged. Please stick to one thread. It is much easier to follow.

[Resoli]

In answer:

 

The Housing Act is an incredibly badly written piece of legislation. It's saving grace is that there are little loopholes that can be exploited. The reason I say it is badly written is that to make a claim you have to jump between sections. It should say in plain English that the result of x is y - this was a piece of legislation supposedly written for the lay person.

 

The landlord is bound by the agents actions. The relationship of agent and principal presides in this situation. The agent signed the letter with the (implied) consent of the landlord.

 

If he has 100 properties without a deposit protection certificate, then it could prove to be an expensive time for him.

 

Inventories. No intentory at the start makes is very difficult to prove that damage has been caused during a tenancy. Dispute using TDS / mydeposits.co.uk (if secured in that scheme)

 

Emails can be used, if it can be proved that they were sent and recieved. I always ask for a read reciept and I always cc myself in. Proves email sent, recieved and able to be opened with date and time.

[jet1872]

Hello,

 

I am about to file a case against the Landlord for Non refund of deposit and TDS non compliance

1. My original deposit was £1500. The landlord has refunded £1000

 

He has held back £500 for minor reasons and that too are lies as I have signed proof from agent that everything is received in same condition.

Question:

1. Can I still file for TDS non compliance for balance £500.00 deposit and claim 3x500 = 1500 back?

[Planner]

Hello,

 

I am about to file a case against the Landlord for Non refund of deposit and TDS non compliance

1. My original deposit was £1500. The landlord has refunded £1000

 

He has held back £500 for minor reasons and that too are lies as I have signed proof from agent that everything is received in same condition.

Question:

1. Can I still file for TDS non compliance for balance £500.00 deposit and claim 3x500 = 1500 back?

 

No.

 

You must either;

 

1) Take your landlord to court for TDS non-complaince using form N208. Your claim will be for the £1500 + x3 the deposit. It makes no difference that £1000 has been returned.

 

or

 

2) You claim for the outstanding £500 only using a 'traditional' N1 claim form.

[its_me]

The agent is from Harrow and is a crook.

 

 

 

hi our agent is also from harrow (whts ur agentz name) and is refusing to return the deposit of £850. I just dont know what to do...

PLEASE Help