Jump to content


  • Tweets

  • Posts

    • Thank you both, I will make those changes. I have also downloaded the compensation list to add to the evidence and complete the protection bit off their website.  I am going to court next Thursday to deliver the bundle; I will confirm this on Tuesday. I have been to court a few times to represent the military when a soldier is in court, but I will be going. Thank you for all the additional advice. Once I have the whole bundle, I will email it to the admin email. Ill be honest, this is not about the money for me, I do not mind losing that, so I will not be signing a confidentiality agreement.   You guys are amazing
    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Tenancy Deposit - landlord says it's not a deposit


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2210 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone. I'm a new member on here.

I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem.

 

Briefly,

in September of last year I agreed to rent a property with a private landlord.

I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in.

But I needed somewhere to live quickly and my mother paid the deposit.

 

The rent was to be paid by housing benefit.

There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc.

I paid the deposit in cash and received a receipt.

 

After several weeks the landlord had not repaired any of the above despite my texting and phoning him.

At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through.

 

He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back.

I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent.

 

I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money.

I then found out online that the deposit should have been protected.

I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it.

 

He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc.

 

I realise I'm rambling on.

What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit?

Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place?

Did the agreement lose any legitimacy when he failed to do that?

 

I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court.

All I want is my deposit back.

Nothing else.

He has since had the back payments up until the time I left the property.

 

Any advice would be much appreciated.

 

 

Thanks

Link to post
Share on other sites

Thanks for the reply.

 

What would be the situation as I've outlined.

 

When I sent a recorded delivery letter to the landlord to give him 28 days notice because he had failed to fix the soil pipe etc and he didn't then query it.

 

In fact, he texted me to say fine that he would be coming down to get the keys in the next couple of days.

 

Is that him accepting it?

 

Or did he need to accept it in writing?

 

When the payment was late he even texted me

" put 200 pounds into my account tonight and when I come to get the keys I won't be as angry ...."

 

Also he has already let out the property again so how could he still expect four months rent from me for the same property?

Thanks

Link to post
Share on other sites

then he has mitigated his loss.

 

The deposit scheme is completely separate from this so do not entangle the 2.

 

Even if you had stayed there for the full period and he had returned the deposit he would still be trouble for not protecting it so learn all about the TDS and then com e back for advice on what you want to do about it.

Link to post
Share on other sites

  • 2 weeks later...

Hi everyone. This is a great forum.

 

I've had problems with my ex landlord demanding that I owed rent to him after leaving the property because of harassment.

 

After reading through threads on here I asked him to provide a proof of a deposit protection scheme and displayed to him why I thought he had harassed me and breached his tenancy contract.

 

I texted him all this and mentioned county court and he laughed and said "bring it on".

But then I sent him a letter before action just asking for the deposit back or it would go to court and all of a sudden he is falling over backwards to return it to me.

 

I should have asked for a least £1000 rather than the £500 deposit because he has admitted that he didnt protect the deposit and that would be the minimum that a court would order him to pay.

 

Can I send a second letter before action telling him to ignore the first, that I after him finally admitting to me he didn't protect the deposit I feel that £1000 would be the minimum the court would award so that's what I would accept?

 

I am thinking of how a court would look at this rather than him.

 

Thanks

Link to post
Share on other sites

old and new threads merged

please keep to one thread

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Perhaps if you ignored his offer of returning the £500 stating that you would prefer a court to resolve the issue, he may offer more. Alternatively go ahead with the court case as they will have to pay all costs plus the compensation. Others may also offer advice.

Link to post
Share on other sites

Has he said he is accepting your first offer? (Or would you expect him to say he has done so?)

 

Had you withdrawn your first offer (to accept £500 in full settlement) before he accepted the offer then, yes, you can withdraw it and make a new offer.

Once he has accepted an offer, then expect him to claim “promissory estoppel” preventing you then asking him for more.

  • Confused 1
Link to post
Share on other sites

Many thanks for the above. Yes, I've merged two threads. Sorry.

 

He has offered to accept my first offer if I return to the property and paint one room.

 

Which is ridiculous as I left the property in good order.

 

I even invited him to view it before leaving the keys.

 

I think he just needs the last say.

 

he doesn't want to think I get the better of him.

 

He even suggested that this should happen within the next 48 hours of by the end of the week he would only be offering £250

 

Can I withdraw the first offer by text or email?

 

And inform him a revised LBA is in the post.

 

He keeps texting me.

 

He has only accepted the first offer on the basis of doing decorating work, which was not the offer I put forward.

 

Many thanks

Link to post
Share on other sites

Well, then, he hasn’t accepted your offer.

Instead : he has made a counter offer, attaching new conditions.

 

So, you can:

Withdraw your previous offer.

Reject his offer.

 

You can do this by informing him: “I note your non-acceptance of my previous offer, given your subsequent offer which is less advantageous to me.

I withdraw my previous offer, and reject your counter-offer”

 

Please find enclosed my amended letter before claim, setting out what I will claim via the county court if you do not settle.

Send this by post ASAP. Only send it by text / email if you are sure he has agreed that modality as a means of communication acceptable for “service of documents”

 

Keep records of all communications (when sent & when received)

Link to post
Share on other sites

It wouldnt matter if he returned the deposit and bought you a nice meal,

not protecting the deposit is actionable per se so you can always do court for this.

 

what will happen is that the judge will make a decision on how much to award in the way of damages that are punitive in nature

 

This is one of the rare occasiosn where the law is written to allow such a thing as it is designed to deter the landlord from breaking the law rather than be a fixed punishment so the judge has a lot of leeway in how they handle the quantum of damages.

 

you cant get less then the deposit back so you have no worries there and the LL cant say they have come to an arrangement either, not in their powers to do so.

 

What to do?

well the most obvious thing is actually do what you said you would and issue a claim at the end of the notice period given.

 

You will ned to look up the correct wording and say that as of today, no monies have been returned

Now stop texting the LL, you do everything by letter post from now on

Link to post
Share on other sites

Great advice.

 

I really appreciate it.

 

It's amazing what you can find out on here.

 

I've discovered that he should also have given me an energy performance certificate and an annual gas safety record, and had smoke alarms on both storeys of the residence.

 

He didn't provide any of these.

 

And he's now texted me to say he will contact the council and say I was working when claiming the housing benefit.

 

Unbelievable. I'm at college becoming a counselor for alcoholics.

Link to post
Share on other sites

Hi again

 

Further to the above dispute with my previous landlord.

 

I have informed him that my ameneded letter before action is in the mail and that all previous offers have been withdrawn.

 

However, he has texted me to say he's claiming from me first>

That he's sent a Late Payment Demand and that I will only have seven days to respond and then end up in court.

It will include solictors costs etc.

 

I explained to him that he could merely counter claim my claim and save the possibilty of court twice but he's laughed it off and said I should have been quicker.

 

Any advice?

 

Can he use a LPD for unpaid rent?

He's added interest hes said, and refurbishment of the property.

You couldn't make it up.

 

I have texts from him threatening to collect the keys by the end of the week unless i paid arrears with the rent.

 

He's since had the backdated arrears but seems very peed off that I've asked him for payment for not protecting the deposit.

 

Just to repeat I did leave the property early, with four months left on the agreement.

 

His constant demands for rent were becoming unbearable.

I have the text when he threatens to come and collect the keys.

I have another when he states he wants £150 in his bank account by the end of the day or he will become very angry.

Others where he's swearing etc.

 

I gave him a letter recorded delivery with twenty eight days notice but left before that because of the text in relation to the keys and him coming down to the property.

 

I know it wasn't correct procedure but I didn't know much about these things the.

Since I've been reading on these forums I'm now hoping he has breached the agreement because of the threats or he accepted my "surrender" of the property when immediately after my 28 day letter he sent the text about coming to get the keys if I didn't make immediate payment.

 

Any help would be much appreciated.

Link to post
Share on other sites

Send this by post ASAP. Only send it by text / email if you are sure he has agreed that modality as a means of communication acceptable for “service of documents”

 

Keep records of all communications (when sent & when received)

 

 

I have informed him that my ameneded letter before action is in the mail and that all previous offers have been withdrawn.

 

However, he has texted me to say he's claiming from me first

........

 

but he's laughed it off and said I should have been quicker. Any advice?

.......

 

I know it wasn't correct procedure but I didn't know much about these things

 

Any help would be much appreciated.

 

I offered advice (on how to withdraw your offer, without him getting in first).

You texted him while your letter was on the way. Was that because he had accepted texts as a method of service, or because you didn’t like the advice offered?

Link to post
Share on other sites

no you didnt,

we said to never use texts again.

 

Stop creating proplems for yourself and start creating solutions by reading what people write carefully and making sure you understand things fully. If you dont understand then ask again.

 

separate the 2 issues in your mind and in your paperwork and work on them separately.

 

Work out what you may owe in rent for the time the flat was empty,

 

he may suggest when you do issue a claim that you deduct this and he will refund the balance.

 

That is no longer the point,

you are going after him for not protecting the deposit etc and that as said, is actionable whether he paid the lot back or none at all

Link to post
Share on other sites

HI

 

Further to another thread I've posted on here,

I'm i dispute with my previous landlord in that he did not protect my deposit.

 

He harassed me for rent and I left the property early.

He has since been paid the rent arrears from housing benefit but continued to pursue me for rent for the remainder of the tenancy.

I requested information about the TDS and he said he didn't protect it.

 

Throughout emails and texts over the past few weeks he's constantly referred to the deposit.

But i think he's becoming more and more desperate.

 

Yesterday he stopped me in the street,

so presume he must have been following me,

and just handed me a letter with a smile on his face,

then ran across the street,

jumped in his car and was gone.

 

It was a rant of expletives he said was his own letter before action.

 

This morning he has emailed me to say from hid records he can now see it was two months rent in advance and never a deposit> therefore my claim is invalid.

 

The receipt just says receipt for £1000.

 

urely the court will see through this?

 

He has even fabricated his receipt book!

Edited by dx100uk
formatting
Link to post
Share on other sites

By his own admission he took a deposit and never protected it. Then backtracked and is calling it rent in advance.

 

What did the letter say?

 

can you scan it up and edit out personal info?

 

Rogue landlords always get caught and its almost always them slipping up and getting desperate like yours has.

 

We need to see the info you have that shows its a depostir and where he initially says its a deposit.

 

Then you can take him to court and get the money back,

 

providing he hasnt deducted any for maintenance of property, damages etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

threads merged again

please keep to ONE THREAD

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Please STOP texting the [EDIT], report him to the LA, and take this joker to court.

 

He needs to be reported to the LA before he kills someone.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 1 month later...

Hi.

 

I have served my ex landlord a Letter Before Action concerning not protecting my deposit and waited three weeks with no response and now want to claim at court.

 

I'm following the advice from another thread about going forward with the claim but I'm stuck with one point.

 

My girlfriend was added to the tenancy agreement after a few weeks and a new tenancy agreement was provided.

 

Do I make the claim in both our names or just mine?

 

the claim form it says Claimant.

 

Is it acceptable for their to be two claimants?

 

thanks

Edited by dx100uk
spacing
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...