Landlord deposit: WHat is maximum time landlord can withhold

[MrShed]

I would probably agree with this.

 

You also have to bear in mind that the wording of the act, contrary to popular opinion, is not neccessarily gospel.

 

A good judge would normall consider the "spirit" of the law, as opposed to the "letter" of the law.

 

In other words, they will apply the law as it was intended to apply, not in such a fashion as it follows the wording exactly.

[DisgruntledTenant]

Agreed.

 

Having the letter of the law on your side is half the battle won I guess!

[gerasmus]

One more thing... The landlord never signed the inventory. To my knowledge, LL was never present (before or after the tenancy) to inspect.

As mentioned before, the flat was handed over from the previous tenants who signed the inventory over to us. We never saw the landloord and there was no estate agent involved during our tenancy.

 

The landlord is now claiming to withhold the deposit on the grounds of supposed damaged property claimed by his new tenant, which LL is trying to blame us for.

LL just sent me a letter from his new tenant (rented through an estate agency) with the new tenants claimed faults. In the letter the new tenant also claims that the agency promised that flat will be redecorated. All of the claims sent to me more than 5 weeks after we have left !

Now this letter sent to me sounds like nothing to do with me, it's between the LL and his 'new' tenant'.

I have kept emails and SMS'es sent by the LL acknowledging repairs as proof .

 

Would I now have strong case to claim ?

My deposit amount was £2250. I assume that it would then be £2250 x 4 + 3x deposit, Totalling £15750 for failing to be part of deposit scheme ?

[DisgruntledTenant]

My deposit amount was £2250. I assume that it would then be £2250 x 4 + 3x deposit, Totalling £15750 for failing to be part of deposit scheme ?

 

Your claim would be for your unreturned deposit amount + 3x the £2250. So potentially a max of £9000 only.

[gerasmus]

I have writtent a letter to my ex LL to return the deposit by a set date. In case he complies, which I doubt, would I still be able to sue (as a fine) for not complying with a deposit scheme + charge interest ?

I've read the Housing Act 2004 sections 213, 214 and 215 and my ex LL hasn't done any of what the law requires.

[raydetinu]

I dont think you can have it both ways IMHO, however stand to be corrected. If he had returned deposit initially you would not be bothered by the 'fine'. what can sometimes happen is just before the court date the LL offers to pay you the deposit without any deductions as a settlement to save the possibilty of the fine. Also to bear in mind due to your location is even if you get a judgement for all of it, its going to be pain collecting it if he does not want to pay up.

[gerasmus]

The LL is claiming all sorts of bobus damages. A few days ago I called the landlord and recorded the call (using the free PrettyMay recorder for Skype) without his knowledge. In the call the LL admitted that he was aware of the prior faults, and he admitted that we did make him aware of the faults we know of. He also admitted to having repaired what he now claims to be faulty.

 

With regards to the interpretation of the Housing Act 2004, my understanding is:

- Money should've been put in a desposit scheme.

- Deposit scheme should return deposit withing 14 days, or part of it bearing in mind damages.

- Non compliance can lead to a fine equal to 3x the deposit.

The law does not seem to cover the nitty gritty. The 3 points above, are those the highlights ?

[raydetinu]

as the deposit was not protected as per HA, the court IMHO would have no choice but to impose the fine. you could also claim interest on the deposit return being late at 8%.

see you have been checking on LLZ:)

[gerasmus]

raydetinu, I certianly have been checking LLZ as well !

 

Do I have a case to sue this LL's ass ??

 

The landlord is making all sorts of rubbish claims. Here is quoted email from the LL, and my reply.

 

The LL wrote me the following :

"You are more than welcome to take legal action as I have also looked into how I can reclaim the costs that are going to be forced onto me. As you were the last tenant it should have been in your interest to get me to carry out all work necessary. Just because the estate agent said it was ok that holds no weight. When I went over to the flat last week it was evident that there was much more damage caused by the water leak then you stated. Also due to the fact you ****ed off the people in the flat below from day one, the owner there has no sympathy over how much it will cost to get the place sorted out. "

 

 

 

 

My letter to LL:

You have been informed of the faults, that we where aware of, way before we vacated the flat.

You where informed about water dripping from shower, the water on the floor/toilet.

After we moved in the neighbors from no 8 informed us about water problem. Our relation with no 8 neighbors has nothing to do with your claims to damage.

Shortly after our occupation started, we got the building management (Nightinggale House) to send a repairman to fix the leak(s).The repairman confirmed to us that leaks where fixed. I have zero plumbing handyman skills, and I trusted the judgement of the expert.

On several occasions I asked the people from no 8 if they still had any water dripping. They confirmed that the issue was solved and neither did they complain about leaks again. We assumed the issue fixed.

 

- Why did you fail to respond to visit/inspect the flat until presumably your first visit 10/10/2009 ?

- Why did you fail to return the deposit within the allotted 14 days by the deposit scheme, and why did it take you more than two weeks to respond to my requests to return the deposit ?

- Did you sign the inventory prior to our occupation ?

- Did you sign and inspect the property inventory after we vacated the property ?

- Was there anybody present when we vacated the flat for a handover ?

- Did you confirm/confer/ask/consult with the your agent(s), at PeddeWaits, prior to our vacating the flat, the condition of property for the purpose of marketing the flat to potential tenants ?

- Did you trust the agent to confirm the condition of the flat ?

- From whom did we receive the keys/handover for the flat ?

- Did we inform you of the water in the bathroom and the shower before we vacated the flat ?

- Did we inform you of the shower dripping before we vacated ?

- Did we order a repairman to fix the bathroom/shower after our initial occupation ? Did we arrange this with the building management ?

- If you are part of an deposit insurance scheme, are you not obliged to return the deposit within two weeks ?

- If you are part of an deposit scheme, are you not obliged, by law, Housing Act of 2004, Article 213, part (3) and 6(b) to provide details of the deposit scheme within 14 days of occupation by the tenant ?

- If you where withholding the deposit for more than two weeks, claiming for repairs, shouldn’t you be submitting quotations for the repairs ?

- If part of an Deposit Insurance Scheme, please supply me with the reference numbers and contact details of the Deposit Scheme which you have insured the deposit with ? This is as per Housing Act of 2004, article 213. I would like to have the issue under arbitration.

 

Have a read through the Housing Act of 2004, section 213-215 please.

Housing Act 2004 (c. 34)

 

 

[DisgruntledTenant]

I wouldnt bother trying to argue with him. May help you vent some anger, but I would save your points for the judge.

 

As for whether you have a case, if the deposit info hasnt been given, and the deposit hasnt been returned, bullet proof case as far as I am concerned.

 

But I am not a lawyer.

[MrShed]

I wouldnt bother trying to argue with him. May help you vent some anger, but I would save your points for the judge.

 

As for whether you have a case, if the deposit info hasnt been given, and the deposit hasnt been returned, bullet proof case as far as I am concerned.

 

But I am not a lawyer.

 

Agreed 100%.

[gerasmus]

Thanks guys. I will let you know how the case went !