Debating on taking landlord to court

DanMJ85 · 17 September 2017 at 7:20PM

Evening Guys,

I'm due to hand the keys back into my landlord next Friday at the end of my notice period. I was browsing back through my assured shorthold agreement and noticed the details of the bond scheme that the landlord listed in the contract.

Out of curiosity I gave them a ring as I never got given the agreement number etc when I first signed for the house 4 years ago. Low and behold they didn't have any record of my details. Advised me to contact the other two protection schemes and again they don't hold my money.

We had a pre handing over inspection yesterday, I asked my landlord about how I obtain my bond back, is it in a scheme I ask? He replies it was but I "freed" it up ready to hand back to you.

I've done my research and I'm well aware he has broken the law but here the other thing.....

He's not even registered as a landlord in Wales, This led me on to the rent repayment order and other stuff I could take him for.

Am I well within my rights to take him on? or do i just hope he gives me my bond back.

Looking forward to your help.

HampshireH · 17 September 2017 at 7:49PM

If he hasn't done you any harm, to what purposes do you wish "to take him on" purely for financial gain? To make an example of him? Or for some other reason?

You would probably have some form of case

However if you get your deposit back in full would you want to spend the next few months in a legal challenge?

DanMJ85 · 17 September 2017 at 8:02PM

After the inspection yesterday he's pretty much made demands that he knows aren't reasonable so that he doesn't have to pay me out in full.

To be honest he hasn't touched the house in 4 years, No gas or electric safety tests and I had to apply to get a new boiler through a grant as his was pretty much condemned. I just feel after him having no hassle and 500 rent a month on time I'm being given a rough ride about getting the house to a standard where I get my bond back.

G_M · 17 September 2017 at 8:35PM

I'm not in favour of compulsory landlord registration, but the fact is that it's a requirement in Wales, so Welsh LLs should comply.

And the purpose, surely, is to help weed out unscrupilous LLs eg those who also ignore the deposit rules.

So yes, report him to the Welsh authorities (council?).

As for the deposit, if you get it back in full, I agree it's probably not worth the agro and time involved in pursuing the penalty. But if he makes unreasonable deductions (note, unreasonable), then that's another arrow in your armoury.

HampshireH · 17 September 2017 at 8:39PM

Ah, your follow up post changes things. Had you have said you were having issues then I would have said pursue it if things are being made difficult for you.

Get it all in writing from your landlord so that when you do pursue it you have evidence of his demands and why they are in your opinion unreasonable.

DanMJ85 · 17 September 2017 at 8:48PM

He's emailed me his "requirements" after the inspection. Pretty much paint the house top to bottom including gloss work, not leaving me any room for fair wear and tear. He's lost his original inventory but I still have my copy to fall back on, it's just the hassle of not having an independent adjudicator to step in. It's going to be my word against his but he hold all the cards with having my bond.

atrixblue.-MFR-. · 17 September 2017 at 9:25PM

DanMJ85 wrote: »

He's emailed me his "requirements" after the inspection. Pretty much paint the house top to bottom including gloss work, not leaving me any room for fair wear and tear. He's lost his original inventory but I still have my copy to fall back on, it's just the hassle of not having an independent adjudicator to step in. It's going to be my word against his but he hold all the cards with having my bond.

The independent adjudicator is a civil court judge!

Report him https://www.rentsmart.gov.wales/en/contact/ email or telephone, as stated, he'll only go on to do the same to other as he is doing to you.

1. he put you at risk by not having annual tests to gas and electricity safety inspections.
2.He did not secure your bond or they "the bond scheme" would have stated that they released this back to the landlord on xyz date and NOT tell you you don't exist on their system.

He is one of those who doesn't realise he is essentially a business providing a service to you, and more than likely see it as he is paying his mortgage and doing you favour.

G_M · 17 September 2017 at 10:14PM

DanMJ85 wrote: »

He's emailed me his "requirements" after the inspection. Pretty much paint the house top to bottom including gloss work, not leaving me any room for fair wear and tear. He's lost his original inventory but I still have my copy to fall back on, it's just the hassle of not having an independent adjudicator to step in. It's going to be my word against his but he hold all the cards with having my bond.

No. Seems to me you hold all the cards!

* you can negotiate. Point out he is in breach of both the LL registration, and deposit registration, rules, and therefore it's in his own interests to refund your deposit in full without delay

* if he doesn't, apply to the "independent adjudicator to step in" ie the courts, both for the deposit return and the penalty.

* he has no check-in inventory. He's made no allowance for 4 years wear and tear. He does not have a leg to stand on re the deposit. Nor the penalty. Judge will throw the book at him and you'll win. As I said, you hold all the cards

* plus, when it's all over, report him to rentsmart as atrixblue says.

* Deposits: payment, protection and return

DanMJ85 · 17 September 2017 at 11:00PM

Thanks guys, local authority might be interested in this aswell. I get a little housing benefit (100 a month) and I pay the 400. Sure they'd love to claw any money back 😂

G_M · 17 September 2017 at 11:08PM

DanMJ85 wrote: »

Thanks guys, local authority might be interested in this aswell. I get a little housing benefit (100 a month) and I pay the 400. Sure they'd love to claw any money back 😂

I'm no benefits expert but I don't see how that helps. HB is cash paid to you (even if paid to the LL). If they 'claw it back' you'll be worse off...... :huh:

DanMJ85 · 18 September 2017 at 1:09AM

Yeah it was paid to me and then obviously I pay it towards the rent. If they wanted to go for a rent repayment order they can demand from the landlord he pays the LA back what HB was paid to him upto the last last 12 months.

I'm sure it won't get to that though.

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Debating on taking landlord to court

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