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Landlord not protected deposit, advice needed.
tashydodah
Posts: 29 Forumite
LL has not protected the deposit or provided me with his address, even though the contract states he has to. I've paid for the details of the property online but his address is down as the property I'm renting. Can someone give me advice on how I can get the 3x amount without an address? I'm not a bad T, I just want the money back I've lost because of him.
I've been renting for 3 months and im on a 6 month AST, I'll be moving out as soon as the 6 months are done. I've also never signed or seen an inventory. I signed a furnished contract and he provided: second hand fridge, washing machine (not fitted), cooker, bed (after 4 weeks), wardrobe. I'll list a few of the problems I have with him:
1. I paid for carpets everywhere
2. I decorated every room
3. No heat source
4. I was told all the flats in the building (of 4) were going to be finished by the end of january. They only got the builders in at the start of feb and I'm still living in a building site-wires hanging out of the walls in the halls, wonky floor boards etc.
5. He's let himself in the flat twice without 24 hours notice.
6. I'm unable to get a phone line because he has covered the front of the property with old sofas/tables/rubbish for the rest of the flats.
7. I'm paying off a past tenants electric debt because he wont fax the company the contract.
8. The indoor doors dont close/hanles falling off
9. He provided a washer but wont fit it.
10. He's not done anything about the wire hanging over the bath from when he removed a shower before I moved in
11. He leaves the front door open.
12. He wont contact me back, reply to letters and he turns up for the rent when he feels like it without an arranged time or date.
13. The kitchen window is huge and rotten, so cant close it (no central heating so its freezing!)
*EDIT*
14. Theres damp all over the bedroom wall, which is probably why I keep getting ill.
I've been renting for 3 months and im on a 6 month AST, I'll be moving out as soon as the 6 months are done. I've also never signed or seen an inventory. I signed a furnished contract and he provided: second hand fridge, washing machine (not fitted), cooker, bed (after 4 weeks), wardrobe. I'll list a few of the problems I have with him:
1. I paid for carpets everywhere
2. I decorated every room
3. No heat source
4. I was told all the flats in the building (of 4) were going to be finished by the end of january. They only got the builders in at the start of feb and I'm still living in a building site-wires hanging out of the walls in the halls, wonky floor boards etc.
5. He's let himself in the flat twice without 24 hours notice.
6. I'm unable to get a phone line because he has covered the front of the property with old sofas/tables/rubbish for the rest of the flats.
7. I'm paying off a past tenants electric debt because he wont fax the company the contract.
8. The indoor doors dont close/hanles falling off
9. He provided a washer but wont fit it.
10. He's not done anything about the wire hanging over the bath from when he removed a shower before I moved in
11. He leaves the front door open.
12. He wont contact me back, reply to letters and he turns up for the rent when he feels like it without an arranged time or date.
13. The kitchen window is huge and rotten, so cant close it (no central heating so its freezing!)
*EDIT*
14. Theres damp all over the bedroom wall, which is probably why I keep getting ill.
0
Comments
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Try your Local Authority environmental health and Trading Standards.0
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He TURNS UP for the rent? Do you have proof you've paid him????
Have you had anyone read your tenancy contract to see if it's legally binding? If it is then you can reasonably with hold payment till he provides the facilities listed in your contract. Get it looked over and I would seriously think about changing the lock! I know you shouldn't but if he lets himself in at his convenience then you really ought to!DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
I get him to write out a receipt. Its aAST why wouldnt it be legal? I dont want to hold back the rent because im a young female living on my own and I wouldnt feel safe.0
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If he has added clauses to a standard contrcat and any of them could be seen as "unfair", he should have "adjusted" the AST to apply to his propertys circumstances. But an AST applies to both parties so if he has failed to meet HIS contractual obligations then depending on what he's failed to do/provide could in theory invalidate the contract or reasonably allow you to leave due to him breaching the terms of the contract. As for him entering without prior notice and "letting himself in"... THAT is a HUGE nono!
Has the documents been properly witnessed?
Might be worth reading the bits on here about problems with repairs etc and it helps you with what your local council can do to help etcDFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
Write down a list of your grievances in a polite letter, that cannot be taken as being rude or offensive, ask him to respond within 3 days of receiving this letter with a timetable of when he is going to carry out the repairs/fix things, etc. Explain that you cannot have him turning up whenever he likes to collect the rent, agree on a day and time each week/month, however you pay it. Also explain under the tenancy agreement he cannot enter the property without 24 hours notice.
Also explain if you do not receive a satisfactory response to your letter, you will be contacting the environmental health department and council - as he would have to have planning permission to rent out property.0 -
Thanks for the replies.
I've already written a long polite letter. He didnt get back to it, I've wrote a few. I've given up on the repairs now, I just need to know how I can get his address so I can take him to court about the deposit protection. I paid for land registry, but it was down as this address.0 -
Have you checked the electoral roll? I think you can view it for free at a local library ... or you could try something like 192.com.
I also think you should get in touch with the CAB, as he's doing so many things wrong here (including failing to provide you with his address) you really need some good legal advice.0 -
Ah thats a good idea-thanks. Yeah I'm gonna go to CAB soon.0
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You are legally entitled to have:
- the contact details for your landlord
- your deposit registered with a protection scheme
- “quiet enjoyment” of the property so the landlord cannot come and go as he pleases
On the subject of paying off a previous tenant’s electricity debt - why are you doing this? As a tenant, when you move in, you contact the utility companies, giving them a meter reading and the date you moved in, and then you should be allocated a new account number and only be responsible for what you have used. You say that the landlord won’t fax a copy of the contract, but a simple letter from you to the electricity company confirming the date that you moved in should be sufficient. If they do ask for further evidence, have you registered for council Tax or do you have anything from your previous address to show when you were living there? You should, incidentally, also have your own copy of the Tenancy Agreement
Any outstanding debts from previous tenants at the address are absolutely not your responsibility - it’s for the utility company to pursue. If you have been wrongly advised by the electricity company staff you should contact the electricity company’s customer services department and then http://www.energywatch.org.uk if you need further help. Always keep copies of letters and notes of dates/names from phone conversations. Good luck with getting things sorted out.0 -
I bet his mortgage company doesn't know it's let either which makes any AST worthless if repossessed.... I'd grass him up to HMRC anonymous hotline as I get he's not above board....tashydodah wrote: »Ah thats a good idea-thanks. Yeah I'm gonna go to CAB soon.0
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