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  • FIRST POST
    • dalehitchy
    • By dalehitchy 19th May 17, 4:20 PM
    • 57Posts
    • 39Thanks
    dalehitchy
    Old landlord messing me about
    • #1
    • 19th May 17, 4:20 PM
    Old landlord messing me about 19th May 17 at 4:20 PM
    In november my landlord decided he was going to sell the house. He had a couple of views but no bites. He then said he was taking it of market. Then more people came to view. Then he took it off market. And then put it back on. All in a space of three months.


    It wasnt a very good position for us one minuite not knowing if we had a house or not. We decided to buy a house. Once we had an offer confirmed we wanted to give our landlord good notice as he was undecided what to do with the property. Before we could tell him he came with a new contract saying rent is going up and its a new 6 month and then rolling contract. Obviously we had to say that we can't sign as we had an offer accepted on a house.

    So that was 2 months notice. We didnt have an exact move in date as we didnt know when wed complete. We said it may be 2 weeks notice and thats ok. We eventually completed and it was 2 weeks notice. Returned the keys. Enquired when would we receive our deposit back and he said we will sort it.

    My new property is pretty close by and after 4 days of moving out new tenants were in. I enquired about the deposit again. Same answer. 1 week later same again. Today, at the end of the third week.... he is saying

    "well you didnt pay the extra amount you owe monthly and you left with 2 weeks notice." Well i didnt sign the contract so I shouldnt have had to pay the extra amount, and he said we would be ok with 2 weeks notice, even though we informed him 2 months prior we would be moving out.

    I'm furious with him, after all Ive lived there for 2 years and paid on time. What can I do. The deposit is not in a protection scheme or anything.

    EDIT:

    Omg I'm even more furious now.

    The landlord just rang my husband. Said we owe him money (we don't... We have paid bills via bank transfer and can prove it). He's obviously just playing a game. He then asked where we lived aggressivly. Husband said that sounded like a threat and he then said it was he will come around and smash our windows. He then called my husband a paki (he's indian... Not that it matters!). I'm annoyed that we didn't think to record the conversation. How horrible is that.

    As far as I'm aware he hasn't used a deposit protection scheme. I havnt received any information on it
    Last edited by dalehitchy; 19-05-2017 at 7:42 PM.
Page 1
    • ST1991
    • By ST1991 19th May 17, 4:24 PM
    • 397 Posts
    • 220 Thanks
    ST1991
    • #2
    • 19th May 17, 4:24 PM
    • #2
    • 19th May 17, 4:24 PM
    Congrats on buying your house!
    I still can't believe that tenants and landlord are letting deposits not be protected...

    Someone will be along in a moment with some links to what you need to do, although i'm not sure if it differs now you have moved out.
    • aneary
    • By aneary 19th May 17, 4:24 PM
    • 626 Posts
    • 480 Thanks
    aneary
    • #3
    • 19th May 17, 4:24 PM
    • #3
    • 19th May 17, 4:24 PM
    You could take him to court if the deposit isn't in a scheme as long as you aren't classified as a lodger. I think you can get up to 3 x deposit amount back as it wasn't in a scheme.
    • Guest101
    • By Guest101 19th May 17, 4:24 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    • #4
    • 19th May 17, 4:24 PM
    • #4
    • 19th May 17, 4:24 PM
    In november my landlord decided he was going to sell the house. He had a couple of views but no bites. He then said he was taking it of market. Then more people came to view. Then he took it off market. And then put it back on. All in a space of three months.


    It wasnt a very good position for us one minuite not knowing if we had a house or not. We decided to buy a house. Once we had an offer confirmed we wanted to give our landlord good notice as he was undecided what to do with the property. Before we could tell him he came with a new contract saying rent is going up and its a new 6 month and then rolling contract. Obviously we had to say that we can't sign as we had an offer accepted on a house.

    So that was 2 months notice. We didnt have an exact move in date as we didnt know when wed complete. We said it may be 2 weeks notice and thats ok. We eventually completed and it was 2 weeks notice. Returned the keys. Enquired when would we receive our deposit back and he said we will sort it.

    My new property is pretty close by and after 4 days of moving out new tenants were in. I enquired about the deposit again. Same answer. 1 week later same again. Today, at the end of the third week.... he is saying

    "well you didnt pay the extra amount you owe monthly and you left with 2 weeks notice." Well i didnt sign the contract so I shouldnt have had to pay the extra amount, and he said we would be ok with 2 weeks notice, even though we informed him 2 months prior we would be moving out.

    I'm furious with him, after all Ive lived there for 2 years and paid on time. What can I do. The deposit is not in a protection scheme or anything.
    Originally posted by dalehitchy
    So sue him for the deposit and a punitive payment of 1-3x the amount. (then go on holiday)
    • theartfullodger
    • By theartfullodger 19th May 17, 4:26 PM
    • 8,978 Posts
    • 11,858 Thanks
    theartfullodger
    • #5
    • 19th May 17, 4:26 PM
    • #5
    • 19th May 17, 4:26 PM
    The landlord probably is correct: However, as deposit not protected (silly landlord) you can sue him (regardless of him returning deposit in full or not) for up to 3xdeposit.
    https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

    Suggest you send him one of Shelter's draft letters.. see
    https://england.shelter.org.uk/__data/assets/word_doc/0003/1154118/Letter_before_action_failure_to_return_a_deposit_a nd_compensation_claim_TD7_sample_letter.docx

    Then I suspect he'll become a little more sensible: Get what you can back from the deposit: Then sue the twit for the up-to-3xdeposit anyway...

    You can start suing court action any time up to 6 years after it should have been protected, (30 days after you paid) so about another 4 years to do it.

    Cheers!

    Artful: (Landlord btw...)

    I assume this is England and landlord did not live in same building and you can prove you paid depsoit?
    • aneary
    • By aneary 19th May 17, 4:26 PM
    • 626 Posts
    • 480 Thanks
    aneary
    • #6
    • 19th May 17, 4:26 PM
    • #6
    • 19th May 17, 4:26 PM
    This should help

    http://www.which.co.uk/consumer-rights/advice/my-landlord-wont-return-my-security-deposit-what-can-i-do#my-deposit-isnt-protected
    • G_M
    • By G_M 19th May 17, 4:49 PM
    • 41,507 Posts
    • 47,906 Thanks
    G_M
    • #7
    • 19th May 17, 4:49 PM
    • #7
    • 19th May 17, 4:49 PM
    In november my landlord decided he was going to sell the house. He had a couple of views but no bites. He then said he was taking it of market. Then more people came to view. Then he took it off market. And then put it back on. All in a space of three months.
    All interesting but legally irrelevant


    It wasnt a very good position for us one minuite not knowing if we had a house or not. We decided to buy a house. Once we had an offer confirmed we wanted to give our landlord good notice as he was undecided what to do with the property.
    Fair enough, so.........
    Before we could tell him he came with a new contract saying rent is going up and its a new 6 month and then rolling contract. Obviously we had to say that we can't sign as we had an offer accepted on a house.
    Again, interesting but legally irrelevant.
    So what is the status of your tenancy? Fixed term ended? On what (exact) date?

    So that was 2 months notice.
    Errrr.... what?! That does not sound like notice at all.
    What exactly did you put in writing - precise words please.

    We didnt have an exact move in date as we didnt know when wed complete.
    Ah! So you did not give the LL an exact date. In that case you definately did not serve notice

    We said it may be 2 weeks notice and thats ok.
    What does 'that's OK' mean? You are happy to give 2 weeks notice? The LL is happy to accept 2 weeks notice? Was this agreed in writing?

    We eventually completed and it was 2 weeks notice.
    On what date did you serve notice?
    On what date did that notice expire?
    In what way was this notice accepted?

    Returned the keys. Enquired when would we receive our deposit back and he said we will sort it.

    My new property is pretty close by and after 4 days of moving out new tenants were in. I enquired about the deposit again. Same answer. 1 week later same again. Today, at the end of the third week.... he is saying

    "well you didnt pay the extra amount you owe monthly and you left with 2 weeks notice."
    This appears to be accurate.

    Well i didnt sign the contract so I shouldnt have had to pay the extra amount,
    Do you mean the new 6 month contract he'd offered? OK, but that is irrelevant. You still have to serve proper notice.

    and he said we would be ok with 2 weeks notice,
    As above - was this agreed in writing? When? How?

    even though we informed him 2 months prior we would be moving out.
    A vague discussion that you are hoping topurchase a property in the future, but don't know when, is helpful to a landlord, but IS NOT NOTICE.

    I'm furious with him, after all Ive lived there for 2 years and paid on time. What can I do. The deposit is not in a protection scheme or anything.
    Originally posted by dalehitchy
    The final sentence in your post is the only relevant one.

    read:

    * Deposits: payment, protection and return

    You could sue for the penalty for failing toprotect the deposit, but I suspect you still owe rent which can be taken from the deposit.
    • Mossfarr
    • By Mossfarr 19th May 17, 5:20 PM
    • 425 Posts
    • 563 Thanks
    Mossfarr
    • #8
    • 19th May 17, 5:20 PM
    • #8
    • 19th May 17, 5:20 PM
    As the new tenants moved in four days after you moved out I think the most the landlord can claim from you is the four days missing rent.
    i'm pretty sure he isn't entitled to claim double payment but I'm sure one of the 'experts' will be along to correct me if I'm wrong!
    Tell him you will accept your deposit minus 4 days rent to cover his losses. Whether you decide to sue him (or not) for the penalty for failing to protect your deposit is a different issue but it puts you in a strong position!
    • dalehitchy
    • By dalehitchy 19th May 17, 7:39 PM
    • 57 Posts
    • 39 Thanks
    dalehitchy
    • #9
    • 19th May 17, 7:39 PM
    • #9
    • 19th May 17, 7:39 PM
    Omg I'm even more furious now.

    The landlord just rang my husband. Said we owe him money (we don't... We have paid bills via bank transfer and can prove it). He's obviously just playing a game. He then asked where we lived aggressivly. Husband said to him that sounded like a threat and he then said it was and he will come around and smash our windows. He then called my husband a paki (he's indian... Not that it matters!). I'm annoyed that we didn't think to record the conversation. How horrible is that.

    As far as I'm aware he hasn't used a deposit protection scheme. I havnt received any information on it.
    Last edited by dalehitchy; 19-05-2017 at 7:45 PM.
    • Guest101
    • By Guest101 19th May 17, 8:00 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    So just block him, if he carries on call the police.
    • theartfullodger
    • By theartfullodger 19th May 17, 8:47 PM
    • 8,978 Posts
    • 11,858 Thanks
    theartfullodger
    So just block him, if he carries on call the police.
    Originally posted by Guest101
    Or, more helpfully, record his calls - see
    https://www.recordyourcall.co.uk/

    (You/hubby would probably need to call him: You remain calm & polite, see what he rants on about).**

    Racism is unacceptable, whatever the circumstances: Shame on the little scr*at!

    ** Not usable in court? Well, if things get to court (eg harassment, a criminal offence..) you could produce a transcript of the 'phone call: He denies he said those things: You produce your iPod (or whatever) from your pocket, wave it in the air, and ask if he'd like to check hi remarks.....

    Bullies like this need shutting down: Please, I beg you, sue him for the up-to-3xdeposit.
    • baldelectrician
    • By baldelectrician 20th May 17, 1:26 AM
    • 2,116 Posts
    • 1,318 Thanks
    baldelectrician
    You can record your calls without telling the other party in the UK if it is for your own personal records and you are not going to distribute the call to third parties


    If you have a phone with an Android system you can record your calls.
    I use ACR and the full version uploads calls to drop box, as I run a business I have the call recording mentioned on my site and also have a message stating this when the call is connected.


    Download the call software from the play store and try it to see of it works before you buy.


    Don't take poo from this guy and remain calm - you may end up having to go to the police.


    The police may or may not take it on- a hate crime depends on where you may be from.
    To digress slightly a Tory MP told a Scottish school pupil at a private school in England to "f*** off back to Scotland" when she said she supported Scottish independence.
    Had he told her to F*** back to Pakistan or India it would probably have been a hate crime (and equally unacceptable and wrong)
    baldly going on...
    • zagubov
    • By zagubov 20th May 17, 1:39 AM
    • 14,830 Posts
    • 126,654 Thanks
    zagubov


    The police may or may not take it on- a hate crime depends on where you may be from.
    To digress slightly a Tory MP told a Scottish school pupil at a private school in England to "f*** off back to Scotland" when she said she supported Scottish independence.
    Had he told her to F*** back to Pakistan or India it would probably have been a hate crime (and equally unacceptable and wrong)
    Originally posted by baldelectrician
    This reminds me of a description of someone who was described as being as close to being an alcoholic as you could be without actually being an alcoholic.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
    • theartfullodger
    • By theartfullodger 20th May 17, 2:10 PM
    • 8,978 Posts
    • 11,858 Thanks
    theartfullodger
    .............
    The police may or may not take it on- a hate crime depends on where you may be from.
    To digress slightly a Tory MP told a Scottish school pupil at a private school in England to "f*** off back to Scotland" when she said she supported Scottish independence.
    Had he told her to F*** back to Pakistan or India it would probably have been a hate crime (and equally unacceptable and wrong)
    Originally posted by baldelectrician
    I'd say that's a hate crime... mind you, what does one expect, "nasty party" 'n all....
    • Torfoxwell
    • By Torfoxwell 20th May 17, 2:35 PM
    • 88 Posts
    • 30 Thanks
    Torfoxwell
    i had exactly the same issue before when i moved out , my landlord hadn't put mine in a protection scheme , send a letter saying as you cannot agree you will leave it for the deposit scheme to take up and would it be possible for him to supply you with the reference number , this should be enough , if he doesn't cough it up then just go through the scheme they will be able to help you .
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