PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Landlord Dispute - Tenancy Deposit
AI1989
Posts: 4 Newbie
Hi all,
A long time lurker to these forums, and any help to my query would be gratefully received.
I have recently moved out of a rented property into another one with a different landlord. Approximately four days before I left the previous property I discovered that the landlord hadn't protected my deposit or served the prescribed information in accordance with s.213 of the Housing Act 2004. Whilst I would have been happy to let this go, the landlord is now claiming for the full deposit amount owing to damage to the property etc.
As a result I sent her a letter before action stating that I would like the full return of the deposit and two times the deposit as allowed under the act in order to be fair and reasonable. I appreciate that existing landlords have quite strong views on this, but her behaviour during and after the end of my tenancy has ruined what was a quite amicable relationship up until the point she asked me to leave her property.
In response her solicitor has sent me a letter stating that they do not accept the claim, although they are willing to offer the full return of the deposit?! The solicitor's letter is riddled with mistakes, for example stating that there is no claim under s.214 of the act because failing to provide the prescribed information is not covered. This despite my citing case law through my very basic use of google e.g. Suurpere v Nice or Ayannuga v Swindell.
The claim of damage to the property is completely unfounded, and I am happy to argue that point in court if it ever got to that stage. For example she claims that she tried to contact me on multiple occasions to discuss this, but she can't provide any evidence to back that up. Indeed some of her claims are not only incorrect but outright lies. For example, she has said she has tried to contact me to resolve the dispute. Yet, the text message I sent to her three days after we moved out asking if there were any issues was read, but was never responded to - the joys of iMessage!
She is also claiming that because the rent was paid late on a few occasions, she reserves the right to counterclaim on that basis; for the number of days it was paid late at 8% above base rate. I freely admit that in certain months the rent was paid late, by no more than 2-3 days. However it was never in arrears i.e. a month behind, and at the time I left the property not a penny was owing. Throughout the tenancy she never exercised her right to add a late fee to the rent.
My question is, given that I was never in arrears, I left no monies outstanding to be paid and she didn't exercise her right to add a late fee during the tenancy, does she have any legal right to do so as a counterclaim? In your experience ladies and gents is there any case law which you have knowledge of which would make it clear for both parties as to where we stand on this issue, i.e. has a precedence been set which could be argued in court?
Thank you for your time ladies and gents!
A.
A long time lurker to these forums, and any help to my query would be gratefully received.
I have recently moved out of a rented property into another one with a different landlord. Approximately four days before I left the previous property I discovered that the landlord hadn't protected my deposit or served the prescribed information in accordance with s.213 of the Housing Act 2004. Whilst I would have been happy to let this go, the landlord is now claiming for the full deposit amount owing to damage to the property etc.
As a result I sent her a letter before action stating that I would like the full return of the deposit and two times the deposit as allowed under the act in order to be fair and reasonable. I appreciate that existing landlords have quite strong views on this, but her behaviour during and after the end of my tenancy has ruined what was a quite amicable relationship up until the point she asked me to leave her property.
In response her solicitor has sent me a letter stating that they do not accept the claim, although they are willing to offer the full return of the deposit?! The solicitor's letter is riddled with mistakes, for example stating that there is no claim under s.214 of the act because failing to provide the prescribed information is not covered. This despite my citing case law through my very basic use of google e.g. Suurpere v Nice or Ayannuga v Swindell.
The claim of damage to the property is completely unfounded, and I am happy to argue that point in court if it ever got to that stage. For example she claims that she tried to contact me on multiple occasions to discuss this, but she can't provide any evidence to back that up. Indeed some of her claims are not only incorrect but outright lies. For example, she has said she has tried to contact me to resolve the dispute. Yet, the text message I sent to her three days after we moved out asking if there were any issues was read, but was never responded to - the joys of iMessage!
She is also claiming that because the rent was paid late on a few occasions, she reserves the right to counterclaim on that basis; for the number of days it was paid late at 8% above base rate. I freely admit that in certain months the rent was paid late, by no more than 2-3 days. However it was never in arrears i.e. a month behind, and at the time I left the property not a penny was owing. Throughout the tenancy she never exercised her right to add a late fee to the rent.
My question is, given that I was never in arrears, I left no monies outstanding to be paid and she didn't exercise her right to add a late fee during the tenancy, does she have any legal right to do so as a counterclaim? In your experience ladies and gents is there any case law which you have knowledge of which would make it clear for both parties as to where we stand on this issue, i.e. has a precedence been set which could be argued in court?
Thank you for your time ladies and gents!
A.
0
Comments
-
The Law states with regard to the protection of the deposit that this must be deposited in a scheme and that the tenant be provided within the prescribed information within 30 days that you passed the deposit to landlord/ and or agent.
Furthermore the case law refers that the tenant would be entitled to the return of the deposit and UPTO 3 times the amount of the deposit.
Upto Three times of the deposit would be down to the judge on the day of hearing if you decided to pursue through the court.
Speaking from personal experience when i took my landlord to court was that i got my deposit back and a further sum of 1x my deposit.
At the end of the day she would have to prove the damage - was an inventory done before you moved in and what does she specifically state was damaged - did you or have you taken photos of the property to dispute her claims0 -
Hi Bill,
Thanks for your reply, it's really helped. I didn't take any photos at the start of the tenancy, but then again neither did she. At the end of the tenancy I took photos as to how we left it. My opinion is that there is no impartial comparison that can be made, and given that the onus is on her to prove the damage, I feel quite confident in this area. The property was originally shared with another tennant, I then took it over all to myself.
Do you have any thoughts on her counterclaim over late payment of rent? Given the factors in my first paragraph?0 -
Hang on - what does the bit about sharing with another tenant mean...? Who was the original tenancy with? Individual AST's, or a single joint one? Who paid the deposit? If a single tenancy, who was the lead tenant? What exactly happened when you 'took over'? Was a new tenancy signed? We need full details to be accurate.0
-
see below reply0
-
Hi Bill,
Thanks for your reply, it's really helped. I didn't take any photos at the start of the tenancy, but then again neither did she. At the end of the tenancy I took photos as to how we left it. My opinion is that there is no impartial comparison that can be made, and given that the onus is on her to prove the damage, I feel quite confident in this area. The property was originally shared with another tennant, I then took it over all to myself.
Do you have any thoughts on her counterclaim over late payment of rent? Given the factors in my first paragraph?
Did she ever write to you to remind you on the months that the rent was late and stating that she was going to charge 8% late fee ?
Or has she only raised this when you are leaving the property.
If she did it only when you left the property and never raised the issue before then i doubt that the judge will peanilse you for that or if they did it would only be very nominal and certainly nothing compared to your claim for the non protection of deposit.0 -
Hi Andrew,
I originally rented the property with a separate individual, who had a separate AST agreement to me i.e. I had Bedroom 1 with access to communal areas, and he had Bedroom 2 with access to communal areas. We paid separate deposits. When he left I asked to take on the property by myself. The landlord drew up a new AST agreement to cover the entire property.
Reference the late fee, she sent a message once or twice, put it was only to say the money wasn't in her account. She never mentioned the 8%, in fact, this is the first time since ever.0 -
Hi Andrew,
I originally rented the property with a separate individual, who had a separate AST agreement to me i.e. I had Bedroom 1 with access to communal areas, and he had Bedroom 2 with access to communal areas. We paid separate deposits. When he left I asked to take on the property by myself. The landlord drew up a new AST agreement to cover the entire property.
Reference the late fee, she sent a message once or twice, put it was only to say the money wasn't in her account. She never mentioned the 8%, in fact, this is the first time since ever.
bearing in mind that she only sent a email stating that it was not in her account - i dont think that a court will find that she has been put into hardship for the few days late that it was. Even if they did it would not amount to a few pounds if that.0 -
-
You cannot claim the 2 x deposit. Only a court can award that.
The LL has offered to return your deposit in full. This seems a fair compromise. Accept and move on.0 -
Parkrunner/G_M, thanks for your advice, recognise that I can't 'claim' that amount, I've asked for it to be fair and reasonable in order for us to settle this out of court and avoid the additional costs that would fall on her e.g. an application for my fees to be covered etc.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards