PDA

View Full Version : Rogue landlord?



Becci
24-03-2010, 09:45 AM
Hello Landlords.

This may seam like a bizarre place to seek advice, because I am a tennant. I used to rent a property from a very amicable fellow, lets call him Mr X. When I moved into the property Mr X was fantastic, a model landlord and a credit to your profession. The inventory I signed consisted of 'there are 2 sofa's and a table' and that was it. I was perplexed by the simplicity of the inventory, but assumed it was because Mr X was such a good egg.

Fast forward 2 years and I have since left. I did not get back any of my £675 deposit. Mr X claimed that the garden was overgorwn and required £100 to weed it (no it doesn't) the shower needed replacing due to not being cleaned at £225- an outright lie, and other miscellanous costs. Some costs are totally justified. I didn't clean the oven. I did chip the table. Some of the costs I welcomed but £450 of them were lies. And more to the point, he lost the original inventory, therefore he can't legally prove I did any of this!

I have called him, emailed him and wrote to him- he won't return my calls and is complettely uncontactable. I am a good tennant and he was a model landlord- why has he done this? Why can'y I contact him? Why is he ignoring me?

Landlords of this forum- please can you advise me as to what to do! I jsut want to talk to him! We both know I am owed money back- he acknowledge on the day I moved ouut that the house was spotless! What can I do?

:( Thanks, Becci

mind the gap
24-03-2010, 10:14 AM
Hello Landlords.

This may seam like a bizarre place to seek advice, because I am a tennant. I used to rent a property from a very amicable fellow, lets call him Mr X. When I moved into the property Mr X was fantastic, a model landlord and a credit to your profession. The inventory I signed consisted of 'there are 2 sofa's and a table' and that was it. I was perplexed by the simplicity of the inventory, but assumed it was because Mr X was such a good egg.

Fast forward 2 years and I have since left. I did not get back any of my £675 deposit. Mr X claimed that the garden was overgorwn and required £100 to weed it (no it doesn't) the shower needed replacing due to not being cleaned at £225- an outright lie, and other miscellanous costs. Some costs are totally justified. I didn't clean the oven. I did chip the table. Some of the costs I welcomed but £450 of them were lies. And more to the point, he lost the original inventory, therefore he can't legally prove I did any of this!

I have called him, emailed him and wrote to him- he won't return my calls and is complettely uncontactable. I am a good tennant and he was a model landlord- why has he done this? Why can'y I contact him? Why is he ignoring me?

Landlords of this forum- please can you advise me as to what to do! I jsut want to talk to him! We both know I am owed money back- he acknowledge on the day I moved ouut that the house was spotless! What can I do?

:( Thanks, Becci

Assuming that this was an AST commencing after April 6 2007 in England or Wales, your LL should have protected your deposit in a scheme. It does not sound as though he has done this - silly man. Check with each of the three approved schemes just in case: http://www.direct.gov.uk/en/TenancyDeposit/DG_066374

Assuming your deposit was unprotected, send him a simple Letter Before Action pointing this out and advising him that if he does not return the deposit in full within 14 days (specify a date) he will leave you with no alternative but to sue him for its return [I]plus 3x the value of the deposit - the penalty levied against LLs who fail to comply with the legislation.

Without having protected your deposit and without a full inventory at check-in and check-out he will not have a leg to stand on. The letter usually does the trick anyway - it is very unlikely that he will be daft enough to go to court over it. Here is the sort of letter you need to send, courtesy of a LLZ member called Snorkerz (you may like to send him a virtual bottle of Cabernet and a framed photo of Blackpool - he will understand!):

Letter Before Action

Dear Mr XXXXXXXX

RE: 123 High Street, Anytown, AT1 2AA

On the XXX of XXX 20XX I/We paid you a tenancy deposit of £XXX in respect of the above property.

The Housing Act 2004 introduced the concept of "Tenancy Deposit Protection" and obliges private landlords to protect/register all tenancy deposits with one of 3 approved schemes.

I/We have verified with all three schemes that the deposit you hold was NOT protected by any scheme. This is unlawful.

You must refund my/our deposit IN FULL within 14 days. If you fail to do so, I/we shall sue you for the balance due PLUS the statutory penalty for non-protection of deposits, which is three times the value of the deposit.

Yours sincerely

Becci
24-03-2010, 13:56 PM
Thank you mind the gap! And here is a virtual bottle of Cabernet and a framed photo of Blackpool Mr Snorkers!

Will certainly do that. At the moment I am writing to my former house, another property I know he owns, and his home address, and his email- but I haven't had anything back so far. I shall continue to contact him at these address's I guess. How can I sue the man if he isn't replying to me though?

Thanks again!!!
:D

mind the gap
24-03-2010, 14:15 PM
Thank you mind the gap! And here is a virtual bottle of Cabernet and a framed photo of Blackpool Mr Snorkers!

Will certainly do that. At the moment I am writing to my former house, another property I know he owns, and his home address, and his email- but I haven't had anything back so far. I shall continue to contact him at these address's I guess. How can I sue the man if he isn't replying to me though?

Thanks again!!!
:D

Well, if you have notified him of your intentions in all four ways, he is probably choosing to ignore you (unless he is on holiday/in hospital? Have you any contact details for anyone e.g. his wife, who might know?) Keep trying - if he hasn't responded within 2 weeks, fill in a moneyclaimonline https://www.moneyclaim.gov.uk/csmco2/index.jsp and send him a printout giving him a final chance to settle out of court.

If he continues to ignore it, submit your claim and wait for the hearing date. If you are happy just to get your deposit back in full, it is quite straightforward.

Claiming for the 3x penalty is trickier, although you would appear to have a good case. This is done via a different procedure. See #5 of this thread http://www.landlordzone.co.uk/forums/showthread.php?t=27085&highlight=penalty or search 'claiming 3x penalty' - westminster has posted some really helpful advice about this in a number of threads.

Moderator1
25-03-2010, 10:52 AM
Less-serious posts have been moved/copied from this thread to http://www.landlordzone.co.uk/forums/showthread.php?t=27148.