Tenancy agreement termination

[LaurynM]

I moved into a new property in August 2012 to take up a job in another city. The agreement was 6 months however the letting agency changed this to 12 months and I signed (not anticipating it to be a problem).

 

I have since discussed this with the landlord who I now deal with as the letting agency dropped out of the picture after the property was let, and the landlord has said that the previous tenant messed him about and this was simply for some peace of mind but not a problem, fine.

 

I sent a letter to terminate the tenancy last week, giving 5 weeks notice to vacate after 10 months. The only address I have for him is my own, therefore I left this in the communal post area as he works out the back of the property and saw him going in and out the back working and the letter was lifted in the process. I did call to discuss this over the phone however he didn't answer and we have never properly met and I didn't feel comfortable going after him to talk, therefore I popped the letter in the box for him as he regularly collects mail from here and it was lifted that night.

 

I have tried calling several times to discuss this and an issue with the electricity and have had no response, and have no other address to reach him. Where do I go from here? I've now paid the last months rent despite asking in my letter to use my deposit as payment, but have no idea re return of deposit or any other particulars, and he isn't responding to me. I get the feeling this is going to turn awkward, and he might want the last 2 months rent. Any ideas on how best to proceed from here? The property is immaculate and the only issue we have had is dampness in the bedroom which he has promised to sort but so far neglected. Everything else has been fine and the property has been highly maintained.

 

Also, my deposit was paid on 20th August 2012 but was never filed with any of the three schemes in Scotland, so he is in control of this. If I'm correct, is this not a legal requirement to do so? Sadly I might need to use this as bargaining power if things turn sour if that is the case.

 

Thanks in advance,

Lauryn.

[maroondevo52]

Hi Lauryn.

 

I've moved this thread to a more appropriate Forum, hopefully you'll get some input shortly.

 

Regards,

 

Scott.

[LaurynM]

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/government/SGTD1

 

This is the reference to the deposit - mine was paid on 20th August therefore I believe point 3 applies. I'm 99% sure he has failed to do this as I have received zero info or paperwork from the landlord or any scheme, and after contacting all 3, neither have my details on file.

[mariner51]

I do not know if LL&T law in Scotland is different but in E&W a T cannot serve a valid NTQ during fixed term. The only hope is to to agree a mutual early surrender with poss payment of some compensation to LL (max: rent for remainder of FT). Once early surrender Deed is signed and any compensation paid, the T will end on that day.

If you know he works in your building you need to approach him in person and negotiate.

Don't threaten him over deposit non-protection, you're looking to him for a 'favour'.

[LaurynM]

Thanks - I believe the rules are slightly different in Scotland but I'm not sure to what extent as I'm unfamiliar with E&W.

 

I definitely won't be paying the last 2 months rent to him - I notified him I had dampness in the bedroom several months ago and he promised to deal with this and hasn't, plus we agreed verbally on the phone that the 12 month period was negotiable. The non payment of deposit into a scheme will be a last attempt at calling it quits should it turn nasty.

 

When I say he works in the building - he is a joiner and often works out the back cutting wood etc. I'm also slightly concerned as my electricity bill has gone from £100 a quarter to £390 for the last quarter which goes hand in hand with knowing he's around a lot more, but I'm not making any accusations as of yet. He does have a tendency to phone and ask for immediate access to the property to 'measure for blinds', 'paint a wall' etc, but I do think he's just trying his best to keep the property nice. I do need to sort out the sudden spike in electricity usage which I know isn't through my doing.

 

Thanks.

[LaurynM]

So I've now moved out of the property. Met the landlord on 19th June and he did a quick check of the property and gave me 50% of the deposit back, saying he needed to do a full check before the other 50% is returned. Fine, so I left it at that.

 

This week I try contacting him because I think he's had reasonable enough time to do this and don't see why he should hold on to it without good reason. He is now claiming that he had an inventory check done on Friday and there are some issues, plus he noticed damage to the floor after I left on the move out day. This is all nonsense - there's no damage, I've taken photographs at move in and move out of everything, and I called the letting agency who have confirmed they haven't done any check and were only hired to find the tenant and not manage the property.

 

So now this man has 50% of my deposit and is plain lying to me. My question is does anyone have any experience or knowledge of making a claim for the non filing and non return of deposit? If he had just filed it like he legally has to then this would have been avoided, but he obviously wants to play difficult. It will cost me £71 to raise an action and I'm confident in my case, but not sure of real experience of how these things go.

 

Thanks.

[raydetinu]

you need to take legal action, speak to the local court and they will advise on which forms to fill in and will send them to you.

[LaurynM]

you need to take legal action, speak to the local court and they will advise on which forms to fill in and will send them to you.

 

Thanks. Did some research this morning and have now downloaded and filled out a form for summary proceedings which will be filed to a Glasgow court, the property and landlord are in Aberdeen so he will need to come to me now. Apparently I should also report the landlord to the local housing authority, not something I want to do but he should be 'fit and proper' and his actions contradict this and could affect his registration status as a landlord. I'll consider this and see if I'm going to go down that route too.

[stu007]

Hi

 

was a Move In Inventory taken when you moved in?

 

The landlord handing back 50% of your deposit mmmm sound like it was not in a deposit scheme so have a read of this Scottish Government Link on Deposits:

 

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent/government/SGTD1

 

and this link is the Private Rented Housing Panel (prhp)

 

http://www.prhpscotland.gov.uk/prhp/470.26.125.html

[LaurynM]

An update for anyone interested. I received a pathetic hand written letter from the landlord detailing reasons for deduction that he has decided himself, ie he didn't use the company who compiled the inventory in the first place, just his opinion. Things like £10 to reconnect the tv which didn't work upon moving in and I had to buy an aerial and digital box to connect which I removed when I moved out, and other petty deductions.

 

So, I wrote him two letters - one disputing all deductions and providing reasons for this, and requesting that the remainder of the deposit be returned within 7 days or I would have no option other than to take legal action, and the second letter stating I was not happy at my deposit not being filed and was also considering legal action if we couldn't resolve matters.

 

Guess what? No response, nothing at all. So I've now filed papers for a summary application and the court date is set for 13 December 2013. He was served with the writ and warrant and accompanying citation today, so that should be interesting.

 

My application is for the court to grant the 3x amount of tenancy deposit as per the regulations for non compliance. There was a case in Edinburgh very similar where the tenants won, so that's reassuring.

[LaurynM]

http://www.scotcourts.gov.uk/opinions/B641_13.html

 

http://m.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-23930567

[LaurynM]

As detailed in a separate thread,

 

 

I took my (old) landlord to court for failure to comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011.

 

 

I was successful and was awarded an amount in court for which I have an extract of decree.

 

 

I later returned to court to have my expenses audited and obtained a second decree for this amount.

 

The defender was served with a charge for payment and a Debt Advice and Information Package together in September 2014.

No response or payment from the defender was received within the 14 day period, nor since then.

 

It now looks likely that a bank arrest will be carried out on my behalf by the sheriff officers I have appointed,

however I am doubtful that this will be successful.

 

 

If it isn't, what realistic methods of recovering the money are there?

 

 

I should point out that the defender in my case is self employed therefore they have no wages and a lot of their assets belong to the trade.

 

Thanks in advance.

[dx100uk]

I 've merged here your old thread

and put your in the Scotland forum.

 

 

the knowledgeable ones should see this and respond

 

 

dx

[LaurynM]

Thank you.

[dx100uk]

ok good

 

 

 

 

if you get no help

 

 

don't be afraid to hit the triangle

 

 

dx

[skintandfat]

As you know he has a rental property and as you have a decree you can go for a rent arrestment order

You can have a sheriff serve this on a tenant of his and it then becomes an offence for him to take rent from the tenant and for the tenant to give him the rent, this applies until the debt is paid in full.

 

As you know he owns a property you could also go for an inhibition order. This will secure the money owed against his property and all add interest at 8% per annum!

He can not sell ANY of his properties until this is paid ( I am certain this includes all of his properties, not just the one you were in, but check it out)

[LaurynM]

Thank you. The bank arrest also failed so I will need to try and progress things further now. I am so disappointed that I still don't have a penny back despite outlaying hundreds of pounds in costs not to mention a lot of my own time.

 

I will keep things updated.