Landlord refusing to return deposit/ deposit not protected/ council tax liability

[msfeliz]

Hello. I am new to this (or indeed any) forum. Any input on a somewhat complicated matter is appreciated

 

I recently (10/3/13) moved out of a flat where I had been living since 12/3/2012. My landlady lived in the flat nextdoor - she had converted my flat from what was part of her house. My flat was completely separate with no shared entrance, metres or facilities. I initially paid six months rent in advance @ £500 per month plus £500 deposit. My landlady did not give me a tenancy agreement. She had always been friendly and affable, we went for coffee once or twice and I did not suspect that she was anything other than a bit scatty. Six months into the tenancy, I was presented with a bill for six months council tax @£50 per month. I had assumed up until that point that council tax was included but as I had not had the foresight to check, I concluded that it was my own fault for not checking and paid up. I continued to pay rent and council tax contributions until I left the property. I did not receive any council tax bills in my name during this period as, despite a number of requests, the landlady did not register my flat as a separate property. Eventually, in October 2012, I contacted the council myself. A representative visited the property and said that it would be registered separately but that the council would take account of the payments I had made. I still did not receive a council tax bill after the visit.

 

I informed the landlady by telephone one month before of my intention to vacate the property by the 12/3/13 but said that we would be moving out over the weekend 9-10 March with a view to being out and the property cleaned and ready to re-let by the end of 11/3/13. I asked about my deposit and was assured that this would be refunded. Relations were still cordial, to the point of my agreeing to show prospetive new tenants the property with half an hour's notice.

 

As agreed, we moved my belongings out of the property over the weekend. My partner stayed over at the property on the Sunday night with a view to carrying out the final cleaning on the Monday - he had taken time off work to do so. I am a teacher and had to be in work so I left him to it.

 

My partner then contacted me at work to say that the landlady had used her key to enter the property as soon as I had left, had spoken rudely to him (she had met him before on several occasions), had said that we were due to be out by that morning (11th March) and that he should not be there. She came straight into the bedroom where he was still in bed and took the keys to both to her (my former) flat and to my new flat.

 

I immediately rang the landlady and asked her (politely) to return the keys so that we could complete the move. She refused to answer my calls and has done so ever since. I was obliged to call the police to effect the return of the keys to my new flat. This took over a week.

 

I have written to my former landlady asking for the return of my deposit, pointing out that the flat was left exactly as I found it with the exception of some damp stains. I had alerted her to the problem of damp some months previously. I have had no communication from her at all and no reason has been given for not returning my deposit.

 

In May 2013 I received a backdated bill for one year's council tax for my former address. On further investigation and contact with the council, it transpired that my former landlady had contaced the council, provided them with a false tenancy agreement and requested that I be made retrospectively liable for council tax for the year I was resident.there. I argued my case with the council and sent copies of receipts that my landlady had given me, detailing my payments towards council tax. It took several weeks and some strongly worded letters but the council have now informed me that they will 'waive' the payment. Up until that point, their argument had been that I must accept liability, pay the bill (of over £600) and than pursue my former landlady for the amount. Thankfully, this is no longer their position.

 

The issue of my deposit remains unsolved and I have today contacted the Civil Justice department with a view to making a claim for this through the courts. I have written to my former landlady informing her of this. I have not communicated with her on the issue of her fraudulent attempt to make me liable for council tax. She has not responded to any of my communications.

 

I am aware that she has not protected my deposit. She claimed early on in my tenancy that she did not need to do this as she was a 'resident landlord'. I accepted this in good faith as there was nothing in her behaviour at the time to suggest anything untoward. I have since been led to believe that as she has not protected my deposit, I am entitled to claim 3x the amount in court. Given her subsequent actions and the stress and inconvenience caused by them, I do feel inclined to do this.

 

I would appreciate any advice anyone can give me on how best to proceed from here.

Do I make a claim for 3x the deposit?

Will I incur heavy costs?

Am I likely to win my case?

Should I instruct a solicitor?

Can she claim to have been a 'resident landlord' even though I occupied a completely separate property and she later attempted to make me separately liable for council tax? (the decision to waive my bill was made on the basis of the payments I had made and the retropsective nature of the billing and did NOT infer that I lived jointly with my landlady)

 

Any tips or experience anyone has to pass on would be gratefully received.

 

Many thanks.

[mariner51]

Welcome to CAG

 

It sounds like your LL can claim to be a resident LL living in the same building (one property converted to 2 flat,s hers & yours)

Deposit protection is therefore a moot point.

If you initiate a claim for non-protection, it will cost you £1000+ in up front Court fees and substantial legal & defence costs if you lose!

If you win you will get deposit + 1-3x deposit value (at Judge's discretion).

 

Best to just apply for return of deposit via small claims route, after sending LL a Letter before Action ie return full deposit within 14 days to avoid legal action, then issue Court papers after 14 days.

 

No need for solicitor at this stage, the l'eagles here can advise if you post progress on this thread.

 

Wait 24hrs for further replies

[msfeliz]

Many thanks Mariner51

I wasn't aware that a LL could claim to be resident if they occupy a separate dwelling. I thought this just applied to LLs of tenants living within their own home ie lodgers. It seems something of an odd loophole that LLs can escape the obligations of this important legislation merely by living nextdoor to their tenants.

 

I am not entirely clear why it would cost me £1000+ to go down a non-refund AND a non-deposit protection route . Am I to understand that I cannot do this via the small claims and would have to apply to another court?

 

Any clarification on this would be very welcome

[raydetinu]

If it is an entirely separate flat, own front door and no shared facilities surely that is a dwelling in its own right! and subject to normal AST rules.

 

To claim for non-protection, that is made through the county court multi track route and costs are high to start with, plus you will need legal representation, and possibly a barrister to argue legislation etc.

This is new legislation and not sure how judges will respond or act.

Seems straight forward, but you never know!

[Lea_HTH]

Raydetinu is correct regarding the separate flats issue. LL cannot, and certainly would not be able to provide sufficient information to a court based on the information that you have given in the thread (most importantly the retrospective attempt at liability for council tax) to prove that the property was 'shared' as opposed to two entirely self-contained flats.

 

Whilst the non-protection claim is likely to end up in the fast track, and it is possible you might need representation if the issue is contested - it is entirely possible for a lay person to navigate it as the issue under dispute is a simple matter of fact. Was the deposit protected? No = Judgment, plus the judge will award 1-3 times penalty. As your LL probably only has the one property, the penalty is likely to be 1, not 3...depends on how serious the judge decides the breach is.

 

Is it worth it? Not in my view - court is unbelievably stressful for those who are not used to it and the impact it has on your well-being and stress levels until it gets into court will not be worth the monetary amount you may get, lowest £1000, most £2000. If your deposit had been much higher than £500, it mayhave been worth the hassle, but you have to consider the initial outlay for the court hearing, plus the potential the LL may not pay and you then having the stress and hassle of taking enforcement action.

[msfeliz]

Many thanks for the advice. I think I will pass on the non-protection claim. I agree that the potential return does not warrant the outlay, time and stress. I will be chasing my deposit via the small claims which, by all accounts, is quite stressful enough?!