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Wonder if anyone can advise on the laws etc, seems to be some conflicting information on the internet.

 

To explain the arguments/trouble etc I anticipate having: Firstly, we have asked to leave early which he has agreed. He says he is letting us go 2 months early, but by my calculations its one month early - we moved in on the 4th May 2006, 6 months contract, renewed for another 6 months, then a 3rd for 6 Months, he did not give us the 3rd 6 months contract until the next rent day after our 2nd contract expired, am I right or is he?

 

He is saying he will not give us our deposit back until he his happy all the utllity bills are paid, we are behind on water and council tax, so does he actually have a lawful right to withold on this issue?

 

Its an unfurnished house, but every signed contract he has given us has been for a furnished house.

 

There is no inventory, can he make any deductions?

 

The bathroom had constant floods, and had been doing so while the previous tenant was there. This led to the kitchen ceiling collapsing around us for the first 6 months of living there, plaster etc falling all the time, water leaking onto our goods. when we moved in, he sent Insurance people round, who set up humidifiers and fans for the first 2 weeks to dry the room, costing over £40 in electric. Due to some disagreement with the insurance (apparantly it had gone on too long - the previous tenant wouldnt let them in - she says she did) they refused to repair the collapsing ceiling, or refund the electric to the Landlord, who then refused to refund US for the electric!!

 

several months later, he finally bothered to send a plumber who erm didnt actually fix the leak, which we finally discovered to be loose taps, which the landlord badly sealed, and then a plasterer came and finally repaired the kitchen ceiling.

 

The living room had a massive hole in the floor.

 

Their is no and still is no Door to the master bedroom, this was in pieces, and like the walls covered in blood stains. Promises of a joiner never came to anything.

 

The electrics have NEVER been checked, and some of the sockets have never worked and have burn marks across them.

 

We have never had receipts for our rent payments (which are monthly) nor for the deposit.

 

We have spilt some spots of paint on the carpets upstairs, which was in quite a poor state anyway.

 

Floorboards have dropped in one of the bedrooms, leaving another hole. still unrepaired several months later.

 

the landlord himself fitted very low quality front door locks, which are loose and coming out, and if we had household insurance would not be able to claim for burglarly apparantly, they are so poor.

 

There is no "floor" in the Kitchen, just filthy, bare floorboards, this is what was under the bits of even filthier lino left on the floor.

 

No keys were supplied for the window locks (some handy screwdriver work means they now unlock and lock)

 

The Tiles in bathroom and kitchen were cracked and loose.. There is no door between the kitchen and the Cellar stairs.

 

The handles on the other doors in the house are hanging off, some came off in the hand. The Bathroom door will not close properly, as the hinges are coming out (tried unsuccesfully to put back)

 

The annual Gas Check is now 2 months late.

 

The front door has a massive gap underneath is, which is bare concrete, thus loosing any heat the central heating provides.

 

also towards the end of the 2nd tenancy agreement he upped the rent, with no procedures or written requests, simply a phonecall a few days before the next payment was due.

 

Any ideas, would be able able to argue on these points should a Deposit dispute reach court? Are their any legal letters etc i can use to show him its in his best interest to give it back and not attend court?

 

Improvements we have done:

 

Repaired the hole in the living room floor. (right in front of the entrance door, and hidden via a chair being left at the edge in the hope no-one would fall in!)

 

laid down laminate flooring.

 

replaced the Tiles in the bathroom and kitchen.

 

Would my Father in Law be able to claim payment from the landlord for his time and materials should he get shirty over deposit? the carpet that was in the living room was the most filthy, disgusting piece of crap I have ever seen, and was removed with gloves it was that bad a state.

 

He also used to visit all the time without making appointments, usually around 10:30-11pm at night.

 

Long post sorry :lol:

 

I am sorely tempted to withold our last months rent tomorrow, since he has never given us a receipt for the rent and instead usually comes around and takes it cash in hand, he probably would not have proof of it beig paid/unpaid either!

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Do us a favour please - make your post more succinct and in bullet points. My head hurts after reading just the first couple of sentences! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Sorry Mr Shed!

 

Right, I will try again.

 

  • Landlord says he will withold deposit at end of month, until given proof utility bills and council tax are paid. We are behind on tax and water rates, water rates will move with us anyway, elec/gas are token meters. Suddenly, after months of incompetence he is doing things "properly" Does he have this right?
  • We have NO signed inventory, indeed the house was one hell of a state when we moved in, can he still make deductions/blame us for previous tenants damage?
  • Annual Gas Check is now 2 months late!
  • He has never performed an electrical safety check, and some of the power sockets are cracked/have scorch marks, and dont work (these were like this when we moved in)
  • No door to the master bedroom - this was in pieces and like the bedroom walls covered in blood stains
  • A giant hole through the floor right in front of the front door.
  • bathroom constantly flooding (and had been for months before we moved in) this leads to the kitchen ceiling collapsing around our heads, a surveyor came to look and said, the kitchen walls were essentially soggy cardboard they were that wet!
  • it took around 7 months for the Landlord to send a Plumber, who still didnt fix the leaking problem, a while after the plumber he eventually send someone to fix the kitchen ceiling.
  • The kitchen floor is bare and very dirty uneven floorboards, this is what was below the even filthier bits of lino that covered some of it.
  • there is a hole in the kitchen floor just under the sink
  • The Bathroom has a hole in its wall in front of the bath
  • The front door is not snug, and has a large gap between it and the floor, making the central heating pointless as the heat leaves the room in about 30 seconds.
  • bathroom and kitchen had poorly fitted and cracked/falling out tiles.
  • When we moved in, the Insurance surveyors set up humidifiers, which cost us over £40 in electric the first 2 weeks, after a dispute with the landlord they refused to carry on the repair work to the kitchen. The Landlord refused to refund the electric for work being done by HIS insurance, as they would not pay him.
  • The entire cellar wall around the gas boiler and meter is soaking wet.
  • He has never given us receipts for our rent payments or deposit, which he always collects in cash. Luckily, in our defense should he try anything funny, our bank statements should show a large amount being drawn at the counter at the beginning of every month.
  • floorboards have collapsed in the 2nd bedroom.
  • holes and gaps in bathroom floor
  • floorboards in other rooms feel like they are going.

Thats the stuff we have had to put up with.

 

Regarding the Tenancy Contract:

  • It is an Unfurnished Property
  • we are on our 3rd 6 months contract
  • For some reason he keeps bringing around and getting us to sign contracts that are for a Furnished Propertys
  • There is No Inventory, in fact he had no idea what state the property was in, his letting agency that managed the house prior to us (we deal direct with the landlord) never mentioned any of the above points, but simply told him the house was clean, empty and perfect, when in fact the above damage was to be found, AND the last tenant had left all her property, including passports.
  • we moved in on 4th May 2006
  • we are on our 3rd 6 month period, He claims he is letting us go 2 months early, by my calculations, it is only 1 month.
  • I was under the impression you would sign the next agreement on the last rent day of the preceeding agreement, he did not bring it around untill one calender month after our 2nd agreement expired.
  • The Current tenancy agreement is 1 side of an A4 sheet
  • he has even scrubbed out all mention of an Inventory, and written N/A next to it.
  • The Agreement refers to terms and conditions printed overleaf, which have not been given to us.
  • The agreement makes no mention of what/if/etc deductions can be made from deposit
  • The agreement has a section at the bottom for witnesses, these are unsigned.

basically, if he tries to give us problems with the deposit, withholding it for the council tax bill, or for damage, do we have enough to give him hell back, and maybe counterclaim for a proportion of rent paid refunded, due to the sheer state of the property for so long?

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