Jump to content
Mark McBurney

Where to begin? Landlord problems...

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3677 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys, have read the site for a while now but never posted. I have a few issues with our Landlord that I could use some help with.

 

To give you some background, the place we're in is ultimately being levelled and four houses built on the grounds. We knew this when we moved in and the Landlord made no secret of the fact. We are renting 'privately' so no agent involved.

 

AST signed 8th May 2009, for 12 months which obviously expired on 8th May 2010. No new agreement as the Landlord is in the final throws of gaining the required PP to build.

 

First issue: the property is ONE dwelling according to Land Registry, and only registered for one council tax, Water etc account. However, there is a small one bedroom self contained annexe which is rented out to a separate couple. I'm guessing there is some sort of issue legally with this set up?

 

The whole set up has led to problems with us paying rent as the utilities are in our names and we have to reclaim the relevant amounts from next door however they are awful at actually paying us so we've been a few days, up to a week or two, late with rent in the past. We are completely up to date now though, including the final, reduced, rent payment on the 9th of this month. We received a notice to quit from the LL giving ONE months notice last month, however after being laughed off this has been retracted because...

 

Second issue: Our deposit of circa £1400 paid upon entry was NEVER protected under the TDS. The AST states that it is held with TPS however after checking with them (and the other two) it is definitely NOT held with any of them.

 

We are moving out on 30th July as my son starts Primary school in September and we need some sort of stability rather than being turfed out at two months notice to find somewhere else, probably with a new school to boot.

 

My main question is this - our Landlord is going to inspect the property a few days before we go (bearing in mind that NO inventory or condition report or anything was ever signed when we moved in, with the Landlord using the phrase "I don't care what you do to the place, it's being knocked down") with a view to our deposit.

 

If we had the money to pay our new place outright then I would still take the guy to court as he owns a lot of property and I'm sure has never registered any deposits and there must be lots of people who have had much needed deposit money withheld unfairly and more importantly ILLEGALLY.

 

So, if he tries to withhold any money I am planning to write to him to tell him that I will ONLY accept the full amount back and that I will take him to court to try to reclaim 3x as compensation. Am I correct doing this?

 

Also, if he agrees to pay the full amount, can I then take him to court anyway for the 3x compensation? As I say, it's not about the money, and if we had the money to move anyway I would press ahead with proceedings in the hope that he changes his ways for future tenants.

 

As I understand it, I am fully entitled to take him to court after the tenancy has ended, and that I can further take him to court if he pays an amount that HE is happy with and I am NOT for the remainder of the deposit PLUS the 3x deposit, but can I, I guess, have my cake and eat it?

 

The main thing really is that we can't afford to lose our next place as it's in a perfect position, is long term and is bigger and cheaper so we really can't jeopardise this by missing our move in date because of a court case unless it really comes to it.

 

Apologies for the extremely long winded post but I don't know how to attack this. Thanks in advance for your help.

 

Mark McBurney

Share this post


Link to post
Share on other sites

Whether it is relevant or not I don't know but I'll just add that when we received confirmation that we had got our new house, it was on the basis that we moved by the week ending 1st August - which was two days short of a month's notice from that date.

 

I spoke to the Landlord who agreed with a moving date of Friday 30th July, and I offered, and he accepted, to pay the full month's notice, so an extra two days on top of when we would actually be leaving as a goodwill gesture.

 

I'm guessing this is by-the-by but will it effect the case at all?

 

Regards

Share this post


Link to post
Share on other sites

Yes, your LL has broken the law by not protecting your deposit and you would be entitled to take him to the county court for 3x your deposit. However, don't expect it to be a quick or a straight forward procedure. Even if you win your case, your LL may appeal or start a claim against you for damages. You have said that there was no inventory. The onus should be on the LL to prove damage and provide receipts for cleaning. If your LL had abided by the law you would have been able to take advantage of the TDS dispute resolution service.

 

Even if the court finds in your favour, the LL may not pay up and you will have to pay out to enforce the judgement.

 

Your best option is to be as reasonable as possible and hope the LL is too. So for example if he says you need to pay (from the deposit) for the carpet to be professionally cleaned, accept this. The balance of your deposit should be returned within 14 days of the end of tenancy.

 

It seems to me reading other posts, that the law needs to be tightened up to ensure that once a CCJ is made, the court ensures that the 'loser' pays up in a timely manner or suffers the consequences of bayliffs or the like.

 

And remember the next time you rent a property, ensure that you have an independent check in inventory signed by both parties and that your LL notifies you within 14 days that your deposit has been protected and by whom. Double-check to make sure that this is the case and act immediately if not.

Share this post


Link to post
Share on other sites

Hope the following also helps, although from your reading on CAG you may already have read this elsewhere previously :)

 

General consensus on CAG, as I recall, is to say nothing to your Landlord about deposit protection schemes until after you have vacated

 

I only mention this as your Landlord is intending to inspect before you vacate (a good sign, perhaps, in some ways) and it may be tempting to let the Landlord know of their mistake in not protecting your deposit when discussing matters at that time - although prior to departure the Landlord still has time to remedy the error

 

Also, might be worth having a 'nice' exchange of emails with the Landlord after the inspection, to thank them for confirming all is in order (which it should be, of course), with a request/confirmation that the Landlord sends the deposit to at your new address etc i.e. don't give the Landlord room to wriggle and stitch it all up in the exchange of emails etc

 

New home and a new school, probably best to keep matters as simple as you can and forget about 3x penalties and the like

 

Hope that all helps too, even if it may repeat much of what you have read elsewhere


As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Share this post


Link to post
Share on other sites

Thanks for the help guys/girls.

 

I'm hoping our Landlord will be as reasonable as possible as we need the deposit from this to pay our move in costs for the new place on moving day as we don't have a spare £2,500 kicking about, I'm hoping that the threat of legal action might spur him into payin our entire deposit back without quibble and before we go...!

 

Unfortunately if it comes to it I can't not mention the TDS threat before we go as like I said we are in desperate need of the deposit money to actuall move!

Share this post


Link to post
Share on other sites
Thanks for the help guys/girls.

 

I'm hoping our Landlord will be as reasonable as possible as we need the deposit from this to pay our move in costs for the new place on moving day as we don't have a spare £2,500 kicking about, I'm hoping that the threat of legal action might spur him into payin our entire deposit back without quibble and before we go...!

 

Unfortunately if it comes to it I can't not mention the TDS threat before we go as like I said we are in desperate need of the deposit money to actuall move!

 

He's unlikely to repay the deposit before you go and it may be a week or two before you see it returned anyway.

 

Perhaps you could email the Landlord now and say something to the effect that you

 

- look forward to meeting him at the pre-checkout inspection

- you do not expect him to find any problems with the property

- and as you are in urgent need of the cash please would he confirm how quickly he intends to return the deposit to you (and whether by cheque, or direct transfer etc)

 

Obviously keep it polite and - perhaps - without reference to 'legalese' or deposit protection schemes. To my mind if he's not going to play ball there is little you can say now to make him - and why tip him off now to the potential 3x penalty either?

 

As I said, the general consensus on CAG, as I recall, has been to avoid tipping landlords off to this... but I've not been on these forums for a short while, so would welcome any comments :)

Edited by NewSAHD

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...