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Landlord keeps stonewalling over deposit
MrChips
Posts: 1,049 Forumite
My girlfriend moved out of a house she was sharing with 4 others in mid February. At the time the landlord said that he'd give it "a couple of weeks" for the dust to settle, and to enable him to check everything was ok and she'd get her £650 back.
A month went by and nothing was heard so we tried to phone him but it proved surprisingly difficult to get hold of him. When we were eventually successful he was "on holiday" and would action it when he got back the following week.
Another two weeks passed with no money so we called again. This time by some remarkable coincidence he was actually sending it at the precise moment we called. We waited 5 days and checked internet banking but still no money.
We called again about a week ago. He had sent it the day before and it would be there by the weekend. Well guess what, it still isn't there.
We are getting frustrated and impatient. There are also two other former housemates who moved out shortly after my girlfriend and who haven't seen any deposit back either. Another one is due to move out in the near future and after hearing about this has decided he would be wiser not to pay the final month's rent than relying on the honesty of this guy.
They are meeting together on Thursday to discuss what to do about him. What should their next course of action be? Is it time to start threatening court action or should they be a little more patient or assertive?
We know he hasn't paid the council tax for over two years at the property (because it has 5 people living there, it is his responsibility rather than the tenants) and suspect it isn't registered as a house of multiple occupation. We haven't reported this yet as, knowing what sort of character he is, we thought we might need these facts as leverage. However I fully intent to report him after this is all over whatever happens.
A month went by and nothing was heard so we tried to phone him but it proved surprisingly difficult to get hold of him. When we were eventually successful he was "on holiday" and would action it when he got back the following week.
Another two weeks passed with no money so we called again. This time by some remarkable coincidence he was actually sending it at the precise moment we called. We waited 5 days and checked internet banking but still no money.
We called again about a week ago. He had sent it the day before and it would be there by the weekend. Well guess what, it still isn't there.
We are getting frustrated and impatient. There are also two other former housemates who moved out shortly after my girlfriend and who haven't seen any deposit back either. Another one is due to move out in the near future and after hearing about this has decided he would be wiser not to pay the final month's rent than relying on the honesty of this guy.
They are meeting together on Thursday to discuss what to do about him. What should their next course of action be? Is it time to start threatening court action or should they be a little more patient or assertive?
We know he hasn't paid the council tax for over two years at the property (because it has 5 people living there, it is his responsibility rather than the tenants) and suspect it isn't registered as a house of multiple occupation. We haven't reported this yet as, knowing what sort of character he is, we thought we might need these facts as leverage. However I fully intent to report him after this is all over whatever happens.
If I had a pound for every time I didn't play the lottery...
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Comments
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You need to do a joint letter requesting the return of all of the deposits, giving the landlord notice that unless the deposits are refunded by DATE, give a date with 7 clear working days notice, you will institute legal action to recover the monies, together with interests and your legal costs for doing the same. That letter needs to be postal recorded, together with you retaining a copy of the same.
Small claims such as yours can be instituted online at;
https://www.moneyclaim.gov.uk/csmco2/index.jsp0 -
Wings wrote:You need to do a joint letter requesting the return of all of the deposits
Won't each individual have a separate contract?
OP, what information does your GF have about the LL's whereabouts?- Home address?
- Bank account?
- Home telephone number?
Read up on what happens if the LL fails to defend a small claims action. Ensure you have the information before proceeding.
EagerLearner's thread is worth reading.0 -
A letter like Wings suggested worked for me. They generally get scared after that.
Once you get the money back & banked (+ 5 working days) shop him to the council & HMRC."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Won't each individual have a separate contract?
That's what I was thinking. Maybe they could draft a letter and send him a copy each, with slight differences for date of moving out, etc.OP, what information does your GF have about the LL's whereabouts?
Home address?
Bank account?
Home telephone number?
We have an address for him which is supposed to be his home address. I think that it is, although with someone as slippery as him I wouldn't be surprised to find out he lives somewhere else! I think my girlfriend has a bank account number as he gave her the option to pay him by BACS, although she opted to pay by cheque each month in the end. We have a mobile number for him, but I don't think we have his home number.
I've been keeping an eye on EagerLearner's story since December
I'll certainly spend an hour (or ten) refreshing before Thursday! If I had a pound for every time I didn't play the lottery...0 -
Won't each individual have a separate contract?
OP, what information does your GF have about the LL's whereabouts?- Home address?
- Bank account?
- Home telephone number?
Read up on what happens if the LL fails to defend a small claims action. Ensure you have the information before proceeding.
EagerLearner's thread is worth reading.
So long as all of their names are on the Court's summons they can do a joint claim. They should try at this early point to obtain the LL's bank details, perhaps through checking with their banks, the clearing bank (LL's) that cleared their rental cheques.0 -
Still no cash today :mad:If I had a pound for every time I didn't play the lottery...0
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Instead of complaining and getting mad do as what has been suggested. The majority of landlords who withhold deposits pay up once they get a court summons.
Sorry, yes this is the intention. My girlfriend and her former housemates are meeting up tomorrow night to write him a letter. It's just I had been holding out a small amount of hope that he had sent it last week as promised and if so it would have arrived by today. Seems he has lied again....If I had a pound for every time I didn't play the lottery...0 -
Ok, I've drafted this letter to send to the landlord. Any advice or comments gratefully received. We are all meeting tonight to finalise the letter and it will be sent recorded delivery tomorrow. Thanks
Dear XXXX
Return of security deposit for former tenants of 69 Fake Street: John Smith, Joe Blogs and Jane Brown
Despite each of us moving out of the property 69 Fake Street several weeks ago, we have each yet to receive back the security deposits we left with you in accordance with our signed tenancy agreements. Under the terms of these agreements, these should have been refunded within “X weeks” [can't remember exactly how long -think it was a month, will check this tonight].
We have submitted numerous requests and reminders for you to refund these monies and indeed on various occasions you have told us that it has been sent already and we would receive it shortly. This has clearly been untrue.
We have been very patient despite being deliberately misled by you and despite the fact that you have broken the terms of the tenancy agreements by failing to refund the deposits in a timely manner. However as it now seems you have little or no intention of refunding us willingly, you have given us little choice but to institute legal action to recover the monies.
Therefore we hereby give you notice that if the deposits are not refunded in full and received by each of us by 16 May 2007, legal proceedings will be commenced to recover the monies, together with interests and any legal costs involved in pursuing this route.
All future correspondence between us should be in writing to our respective email addresses or to the address above.
Yours sincerely
One quick question I have - if the three of them are sending a joint letter, what should we do about a sending address at the top. Should one of them volunteer to use their new address on the letter and receive anything he send back? Or should all three of them put their addresses on?
Also should we explicitly demand a return of the full deposit? He might (rightly or wrongly) say he is justified in making a deduction for whatever reason.
Thanks so muchIf I had a pound for every time I didn't play the lottery...0 -
One quick question I have - if the three of them are sending a joint letter, what should we do about a sending address at the top. Should one of them volunteer to use their new address on the letter and receive anything he send back? Or should all three of them put their addresses on?
It's best to have one tenant as the nominated point of contact, use their address, and if it comes to that, their name for the court papers. Keep this clear and unambiguous, or you're giving him scope for further mucking you around.Also should we explicitly demand a return of the full deposit? He might (rightly or wrongly) say he is justified in making a deduction for whatever reason.
As he hasn't itemised any deductions prior to this, I'd ask for the whole thing back. If he tries to invent deductions, you'll need to write to him again and ask for receipts/itemised quotes.2015 comp wins - £370.25
Recent wins: gym class, baby stuff
Thanks to everyone who posts freebies and comps! :j0
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