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dalehitchy
Posts: 64 Forumite
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
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
0
Comments
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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.0 -
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.0
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dalehitchy wrote: »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.
So sue him for the deposit and a punitive payment of 1-3x the amount. (then go on holiday)0 -
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_and_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?0 -
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The final sentence in your post is the only relevant one.dalehitchy wrote: »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.
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.
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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!0 -
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.0 -
So just block him, if he carries on call the police.0
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Or, more helpfully, record his calls - seeSo just block him, if he carries on call the police.
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.0
This discussion has been closed.
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