"Pen" Landlord With Helding Deposit

[Pen]

Hi Every One. Hope you can help me advice my son and his other student friends with this issue

 

My son moved into a student house in September with 3 other students, when the tenancy ended in August my son and his friends needed to find another tenancy for 6 weeks until they could move into there next place which was not going to be student accommodation.

 

Anyway the landlord told them he would rent them another house for the 6 weeks and although he still had their deposit required another £500 each deposit on this place which they paid. On the last day of the tenancy the landlord came round to the house at 10.00 am, everyone was cleaning and packing. the landlord said if they were not out by 11am he would charge them each £50.00 an hour for every hour past 11am. None of this was in the contract.

3 weeks ago they still have not received any of the deposits back. my son phoned him and he said he was waiting for all the bills to come through before he would refund any deposit.

 

My son took all the recites for the water gas and electric showing they had all been paid up to date yet still he has not repaid any deposit.

 

when they where in the first place they paid gas by a card meter however the meter was eating the cards so to speak. I asked my son to check the gas bill to see just how much gas they were using, he told me they do not get a gas bill it goes direct to the landlord. I am suspicious that my son and his other friends were paying of someone else's arrears, is there anyway we can find it out has the landlord was reluctant to show them the gas bill, he claimed that the boiler was faulty and he would replace it which he never did.

 

My son is going to the landlord tomorrow to try and get every one's deposit back a total of £3,000. however I think it is the last they will ever see of it.

 

Is there some sort of letter he can hand to him requesting he has 7 days to return the deposits??? what can they do to get it back any ideas.

 

 

Some of you in particular gave me some fabulous advice the last time these Kids had a problem, I am hoping you can work your magic again to help them, thank goodness he is no longer a student lol!!

 

ADDITIONAL INFO.

 

- When did each start

- Was a tenancy agreement signed for each

- What was the monthly rent IN TOTAL(i.e. across all tenants)

- Did your son get notification of the deposit being held in a TDS scheme at any point.

- When did each start

- Was a tenancy agreement signed for each

- What was the monthly rent IN TOTAL(i.e. across all tenants)

- Did your son get notification of the deposit being held in a TDS scheme at any point

 

Anwsers::

 

1. first tenancy was on the 1st September to the 1st July.

Second tenancy started on the 4 th july. Both same landlord but different property.

 

2. Contract was signed for first tenancy, I was guarantor. but no contract for the second yet i was still guarantor but the landlord ask for it verbally over the phone as there was no time to post one out.

 

4. Rent: all 4 boys paid a total of £1,400 a month for 1st tenancy and £700 a month for the second. because it was just for the summer, in between student lets so to speak it was half the price.

 

TDS was entered into and signed for the first tenancy but not for the second.

 

hope this helps.

Thanks

Pen

Edited September 24, 2008 by Pen

[Pen]

Bump

[MrShed]

Sorry Pen forgot about this.

 

First tenancy - did he sign an inventory? In any event, it is unfair to withhold based upon non payment of bills, as they are not his responsibility.

 

Second tenancy - non compliance with TDS, sue for full return of deposit and 3x deposit compensation.

[Pen]

Wow really, we can do that??? well don't want to do it but if the threat will get the deposit refunded that's what we will do. right now the next bit, I will write to the landlord.

 

Thanks as usual MrShed,

 

I will keep you informed of the outcome. xx

[Pen]

Hi Mr Shed.

 

I spoke to my son's landlord to day as my son was getting nowhere with him.

 

Landlord agreed the second tenancy would be under the TDS but not the first one as he moved into the house before April??? also said he was withholding deposits until utility bill's were paid, these bills are gas and electric which were paid by a meter so they had to pay up front in order to use them. But landlord said he is waiting for a copy of the bills to satisfy himself there are no arrears. This could take years as all these bills go direct to landlord, boys never get to see them.

 

I had phoned the gas company twice on my son's behalf to try and get a bill however gas company confirmed they were sent to the landlord.

 

It was always my belief that because of the amount of money the boy's had to feed into the gas meter that they were in fact paying arrears which were belonging to the landlord. The only gas in the house was the hot water and the cooker, no heaters and no central heating either. but that is a different issue which i am not too concerned about. All they want is their deposits back.

 

So currently we are at a stale mate. I have threatened the landlord with my solicitor although I don't have one.

 

Do you have any good template letters for return of deposits or do you know of any on this site where i could copy one and send off to the landlord as i have not a clue as to what to write to him. I can and will follow it on through court proceedings if necessary but it is my hope that a strong worded letter would work.

 

This landlord really has got me angry, i would be grateful for any advice on this one, even if it is just on how to word the letter effectively.

 

thanks mrShed

[MrShed]

Are the bills in the landlords name, or your sons?

[Pen]

Hi Mr Shed they are in all the boys names

[MrShed]

Then its got nothing to do with him.

 

Write to the landlord. State that the OFT have declared that withholding of deposits due to bills is unfair, as per the UTCCR legislation 1999, and that you are giving them 14 days to return the deposit. Failure to do so will result in legal action.

[Pen]

Wonderful. Thanks Mr Shed, I will send it off by recorded delivery tomorrow,

 

pen x

[Pen]

Hi Mr Shed.

 

my son and his friends all got only half of their deposits back.I think it comes up to £1,200 he has taken from them for cleaning which is totally ridiculous as i had helped them tidy the place when we helped them packed up. He is also claiming for a cigarette burn on 2 bedroom carpets which wee already there. we have a video of the property which we made them take when they moved in of all the damaged items ie carpet burns etc.

 

Can the lads sue for this money back and do they need to give notice before action since this was given in the last letter asking for the return of the deposits in full.

 

Do each student need to make a seperate claim or can one do it for all of them.