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Hello,

 

I am experiencing some problems with my previous landlord. I've recently moved out of the property I was renting and as such got out my contract, only to find that I had no address on it for the landlord in order for me to advise in writing, as such I tried to call his mobile phone and sent him text messages requesting he contact me so I can send my notice. I quite literally could not get in contact with him for weeks, then he called to tell me I had to stay another month even though I couldn't contact him for the previous weeks, even though time was an issue for me with moving out.

 

Moreover, the landlord is now explaining to me that he is withholding £300 of my deposit (I paid £600) due to the fact I had to move out earlier than the month he had stipulated. I have since recorded my phone calls with him to discuss the deposit, he assures me he has placed the money in a TDS but he will not divulge the details of where my deposit is protected. He has also admitted to not sending the details to me within 14 days of the tenancy.

 

I am seeking some advice because the LL assures me that if I take him to court he will win as he hasn't received the full month notice from me but I've been advised that due to the address not being on the tenancy agreement, the one month notice doesn't apply as the agreement is void. Secondly, am I correct that he has broken the law regarding the TDS and as such is liable to pay up to 3 times the deposit amount?

 

What should my next steps be if I am within my rights to take him to court. Thank you.

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It is unfortunate that you were not previously aware that without the address of your landlord you are entitled to withhold rent (the rent is still due, but you can legitimately keep it till the landlord tells you his address).

 

Can you get the £300 out of him first? (Do *not* accept it if he insists on it being in full and final settlement).

 

You should check with all three schemes. If you are not protected, threaten him with a claim.

 

Do you now have his address to issue a claim to though?

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Unfortunately, unless you have an address for service for the landlord you are in a fairly weak position.

 

In order to make an claim in the county court you will need to prove service (this does not mean prove he received it). There are various methods of service, but the most relevant for you would be personally, at an address for service or his last known or usual address.

 

An an ex-tenant you now have no legal right to require your former landlord to disclose his address. Under deposit protection there has also been a case where it failed as the housing act mentions "tenant" and the tenant sued for his 3x deposit when he was no longer a tenant.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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Hi,

 

In order to get your landlords home address you can do a land registry online check it costs £3 and you get the registered owners address instantly. It is worth a shot, unfortunately I cant comment on the previous case as I have not heard of it.

 

Derek

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