Unruly Landlord

[willo9173]

HI CAN ANY ONE! HELP!

WE MOVED OUT OF A HOUSE WE HAD RENTED FOR 2 YEARS AND 5 MONTHS WE HAD A 6 MONTH LEASE TO START.

THAT WENT FROM 26TH APRIL TO 26TH OCTOBER 2006 THEN WE SIGNED ANOTHER LEASE THAT WENT FROM

26TH OCTOBER TO 26TH APRIL 2007 AND WHEN IT ENDED HE DID NOT SEND US ANY MORE

WE PAYED A DEPOSIT OF 550 POUNDS WHEN WE MOVED IN.WE MOVED OUT OF THE PROPERTY 26TH SEPTEMBER 2008

THE LANDLORD SENT US A LETTER INFORMING US THAT HE WAS SELLING THE HOUSE AND RELOCATING OUT OF THE AREA AND WOULD WE LIKE TO RENT HIS HOUSE WHICH HE ACTUALLY LIVED IN WHICH WOULD BE MORE EXPENSIVE THAN WHAT WE WERE PAYING FOR RENT NOW

HE ALSO THANKED US FOR RENTING AND LOOKING AFTER THE PROPERTY

WE WERE UPSET ON HAVING TO MOVE AS WERE TOLD IT CAN BE LONG TERM.

WE HAD FULLY DECORATTED THE LIVING ROOM AND KITCHEN.

NOWING WE WERE LEAVING WE HAD ALL BEDROOM CARPETS CLEANED AND SPENT A FULL DAY TIDYING THE HOUSE FROM TOP TO BOTTOMIT WAS A 1

THE LANDLORD CAME AROUND SO WE COULD HAND OVER THE KEYS HE WENT AROUND THE HOUSE TO Inspect AND SAID EVERYTHING WAS FINE AND WROTE US A PERSONAL CHEQUE FOR OUR DEPOSIT OF 550 POUND.

WE SHOOK HANDS AND WENT ON OUR WAY TO OUR NEW BIGGER HOUSE WE ARE RENTING NOW.

5 DAYS LATER AFTER PUTTING THE CHEQUE IN THE BANK WE FOUND OUT THE LANDLORD HAD RETURNED THE CHEQUE OF OUR DEPOSIT.

WHEN WE CONFROUNTED THE LANDLORD HE SAID THE KICTHEN UNIT DOOR UNDER THE SINK WAS WARPED AND HE HAS TO REPLACE ALL DOOR AS THEY ARE DISCONTINUED.

HE SAID HE WILL BE INTOUCH WITH US WHEN HE GET A PRICE.

WE HAVE SINCE FOUND OUT THE LANDLORD AND HIS PARTNER HAS MOVED BACK INTO THE HOUSE WE HAD RENTED.

WE DID NOT GET AN inventory WHEN WE MOVED INTO THE PROPERTY.

I HAVE PICTURE OF THE LIVING ROOM WHEN WE MOVED INTO THE PROPERTY OF BEFORE AND AFTER WE HAD DECORATTED AND PICTURES OF THE UNIT DOOR THAT THE LANDLORD SAID WERE DAMAGED.

CAN ANY ONE HELP AND LET US NOW WERE WE STAND AND WHAT WE CAN DO.

Edited October 3, 2008 by willo9173

[blitz]

Send the landlord a letter demanding the full deposit back within 14 days, or to prove that the damage was caused by yourself and is not within fair-wear and tear of a kitchen.

 

If after 14 day (or a response refusing/being unable to provide the proof) they do not return the deposit send a letter before action

 

This thread should help http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117572-unfair-deposit-deductions.html

[389shell]

How long is the lease on your new house?

 

Just remind him that due to the economic conditions it is now a renters heaven and that good tenants are hard to find.

 

It sounds like he can't afford his mortgage payments and would be foolish to rock the boat with you.

[willo9173]

But were do i stand with the dps as the deposit of 550 pound was given to the landlord. lease started 26/04/06 till 26/10/06

then carried on with another 6 months lease 26/10/06 till 26/04/07

the landlord said we can carry on with the old lease.

i do not now what it is called when when a lease expirers but you still renting the property.

thanks for replying

[389shell]

Have you paid another deposit on your new property?

 

Have a look at that thread that blitz posted, it is a goldmine of information on getting your deposit back, as your agreement was taken out before April 2007 it is not covered by the deposit scheme, so it would be court, but they haven't got a leg to stand on really as they didn't even do an inventory.

 

You will not be covered by your new tenancy agreement in your new property as it is a different address.

 

My thoughts are that your LL is in financial difficulties and has probably spent the money, it sounds very fishy to me, and I would keep an eye on the mail that you receive for them, especially official looking documents from the mortgage company.

 

I don't mean to alarm you but unfortunately with all the cowboy landlords about, this is by no means an isolated incident.

 

Try the letter before action and post back with an update.

 

Good luck willo.

[willo9173]

we dont live at the property now moved out on the 20/09/2008

got the letter ready to hand over to landlord on sunday.

we did get a visit from a couple of bailiffs after LL

[MrShed]

I think its simpler than a deposit deduction claim. Just to clarify, the landlord gave you a cheque and then cancelled it, correct?

[willo9173]

YES MEET THE LL AT THE PROPERTY HE WENT AROUND THE HOUSE AND SAID EVERTHINK WAS GREAT AND THEN WROTE US A PERSONAL CHEQUE FOR OUR DEPOSIT OF 550 POUND.

WE PUT IT IN THE BANK ON THE MONDAY BUT WHEN WE CHECKED THE BANK 5 DAYS LATER ? NO MONEY ?

WHEN WE CONFRONTED THE LANDLORD HE SAID HE HAD CANCELLED IT.

IT ALSO MADE US OVERDRAWN IN THE BANK WITH 2 BANK CHARGES TOTALING 66 POUND

[MrShed]

To my knowledge, a cheque is an admission of debt. Therefore, you should be successful in suing the landlord SIMPLY on the basis of the cheque that was given.

[willo9173]

Hope So I Am Handing Him My L/b/a Letter Tomorrow So We Will Find Out In 14 Days

[willo9173]

How Much Will It Cost To Take Him To ?court?

[help me kick his butt]

Hi willo, I am suing my LL Part 8 claim, it cost £150 x

[willo9173]

Where Did You Get The Information For You Court Claim

[willo9173]

Were Did You Get The Information For Setting Up You Part 8 Claim

[MrShed]

Dont need this as Part 8 - it will be a "standard" claim at £50 I believe.

[willo9173]

Were Can I Get Information

[willo9173]

I got a letter from landlord today saying that i will not be getting my deposit back

he sent us loads of photos and said that the woodflooring in the hallway and kitchen had not been maintained and has been stripped of most of the varnish and is starting to break up which indercates water damage.

 

secondly 2 solid wood kichen cupboards situated over the washing machine slot and sink area have become rotten.

 

thirdly we were shocked to discover that you have dug up and disposed of all the shrubs in the front garden. as stated in the contract it is not within a tenant jurisdiction to empty a landlords garden of plants with out landlords permission ( thay were dead plants ).

 

he also said that the front wall has been damaged by a residents car and was not been reported ????:eek:

he as given us estimates from builders and garden centers of 900 pound.

 

(landlord did not give us a inventory at start of tenancy)

 

(the day we moved out the landlord gave up a cheque of our deposit and said everythink was great)

when we checked the bank the cheque had been returned:evil:

[Just4Let]

Hi Willo,

You are having a bad time by the sounds of it by this dodgy Landlord.

 

First things first,

 

NO INVENTORY AT START = NO PROOF OF CONDITION YOU MOVED IN= DOESN'T MATTER WHAT CONDITION THE PROPERTY IS IN WHEN YOU MOVE OUT!

 

Secondly,

"HE ALSO THANKED US FOR RENTING AND LOOKING AFTER THE PROPERTY"

If you have this in writing this is great!!!

 

Thirdly,

He gave you a cheque at check out for the FULL amount of your deposit.

This is admission that he felt at that time the property was in an acceptable condition to return your deposit.

 

Personally I'd send him the letter demanding payment within 7 days or you will have no alternative but to instruct a debt collection agency to recover this amount for you and failing that you'll be recovering this through the courts.

Trust me, you'll win this case HANDS DOWN!!!

[willo9173]

this is starting to take over my life a have allready sent him a lba letter do i now go to small claims court ??

if so can what form do i fill in as there are so many forms need some advice please

[Just4Let]

what's an lba letter?

Am I being daft here or have I still got too much alcohol in me from last night

[willo9173]

letter before action

[Just4Let]

Ah right. haha.

 

try money claim online it's easier and cheaper I think.

[willo9173]

hi guys a quick catch up on what is happening go a letter from my landlord can anyone give us any feed back

 

In response to you correspondence i feel i must point out some inconsistencies regarding you claims.

 

firstly i am a littel perplexed by you claims that landlord cannot deduct the replacement of any item even if brand new at the start of the tenancy as this would be betterment! i should point out that it is not a legal requirement of a landlord to produce an inventory. however this was not the wholly reason whyan inventory was never produced but rather because i felt to do so would undermine our relationship as a landlord and tenant.

to reiterate as outlined in the first letter you received my reason for withholding your deposit dose not concern betterment or mere redecoration or indeed wear and tear it was withheld because of damage caused to my property and the uprooting of my garden as stated in the lease section 2 at the expiration or sooner determination of the said tearm peaceably surrender and yield up to the landlord the demised premises with any additions thereto and all fixtures and fittings therein in good and substantial repair and condition in accordance with the conenants herein. thus the condition that my property was returned to me clearly contravenes this term.

in

[willo9173]

hi guys a quick catch up on what is happening go a letter from my landlord can anyone give us any feed back

 

In response to you correspondence i feel i must point out some inconsistencies regarding you claims.

 

firstly i am a littel perplexed by you claims that landlord cannot deduct the replacement of any item even if brand new at the start of the tenancy as this would be betterment! i should point out that it is not a legal requirement of a landlord to produce an inventory. however this was not the wholly reason whyan inventory was never produced but rather because i felt to do so would undermine our relationship as a landlord and tenant.

to reiterate as outlined in the first letter you received my reason for withholding your deposit dose not concern betterment or mere redecoration or indeed wear and tear it was withheld because of damage caused to my property and the uprooting of my garden as stated in the lease section 2 at the expiration or sooner determination of the said tearm peaceably surrender and yield up to the landlord the demised premises with any additions thereto and all fixtures and fittings therein in good and substantial repair and condition in accordance with the conenants herein. thus the condition that my property was returned to me clearly contravenes this term.

i have provided you with all the relevant evidence from independent sources which fully support my claim that my property with specific refernce to the kichen units and wooden flooring was not returned in the condition in which it was left to you . i have taken into account for reasonable wear and tear and am happy to accept this judgment for the new carpets that i had fitted for you and the new decor . what i steadfastly will not accept is the destruction of a solid wood floor and the patent neglect of the kichen doors .

i also refuse to recognize that the removal of all the mature shubs in the garden was either a necessity or was an acceptable act and this course of action was therefore in breach of your contract.

I explained in my first correspondence that another reson for withholding your deposit was due to your failure as a renant to report the damage caused by a neighbours vehicle to the wall at the front of the property in section 2 (t) of the lease it disseminates that the tenant shall be responsible for all damage to the property or its utilities furnishings fixtures or fittings whether caused by himself vandals visitors or any other person or thing and whether caused by deliberate act or act of waste or neglect.

it also states under section 2 (i)that the deposit shall be returned to the renant within fourteen days of check out subject to no breach of clauses herein the demised premises being left in a clean and satisfactory condition all terms stated here have not been adhered to hence my deciision to withhold your deposit.

[willo9173]

can any one tell me should i still take landlord to court????????