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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

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Yes the AST remains in operation, even if deposit was not duly protected.

  • Confused 1

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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

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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.

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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

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old and new threads merged

please keep to one thread

 

dx


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

 

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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.

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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

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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

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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)

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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

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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.

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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.

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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?

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Hi, yes, he said he accepted texts and emails as a method of communication to accept documents.

 

I followed your advice.

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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

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Hi, yes, he said he accepted texts and emails as a method of communication to accept documents.

 

How did he say this?

When did he say this?

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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

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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

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my daughter had a rogue landlord - she took him to court and it cost him dearly on top of return of the deposit


:mad2::-x:jaw::sad:

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He is urinating in the wind imo.

 

 

Ah! splash back time?


:mad2::-x:jaw::sad:

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threads merged again

please keep to ONE THREAD

 

dx


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

 

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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!

 

 

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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
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