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  • FIRST POST
    • soozer
    • By soozer 19th Apr 17, 4:57 PM
    • 27Posts
    • 8Thanks
    soozer
    Landlord not responding to contact
    • #1
    • 19th Apr 17, 4:57 PM
    Landlord not responding to contact 19th Apr 17 at 4:57 PM
    I'm in the process of preparing to hand a rental property back to the landlord, but she's ignoring my calls and then not calling me back when I leave a message.

    In my letter giving notice (which I sent recorded delivery and have her signature as proof of delivery) I suggested we meet at the property so I can return the keys at the end of next week. She hasn't acknowledged this - although she did leave a voicemail to say she'd received the letter.

    I need to arrange time off work to meet her at the property but can't do that until she confirms a suitable day/time.

    There's already been a delay to the situation as she didn't provide a reference for nearly 3 weeks after she was asked. Possibly to get another month's rent out of me, but that's by the by... I moved out of her property on 5 April (would have been earlier if her reference had been quicker) so have already had to pay an entire month's rent for April, plus other bills etc.

    I've been in the property for 12½ years - and had many issues. No heating for long periods over 3 winters, finally fixed with a replacement boiler. Rotten window frames, rising damp, black mould, no gas safety certificate in the past four years... but have always paid rent in full and on time and kept the place clean and tidy.

    I'm also concerned about the deposit. As I moved in in 2004 my deposit isn't protected, and I have a feeling she isn't going to want to give it back.

    I'd welcome any advice. Thank you. (Note I'm not online at my new home yet, so am only online before/after work).
Page 1
    • G_M
    • By G_M 19th Apr 17, 5:52 PM
    • 42,352 Posts
    • 49,204 Thanks
    G_M
    • #2
    • 19th Apr 17, 5:52 PM
    • #2
    • 19th Apr 17, 5:52 PM
    * Deposits: payment, protection and return

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • theartfullodger
    • By theartfullodger 19th Apr 17, 6:13 PM
    • 9,120 Posts
    • 12,086 Thanks
    theartfullodger
    • #3
    • 19th Apr 17, 6:13 PM
    • #3
    • 19th Apr 17, 6:13 PM
    As long as you have served valid notice you don;t require any response from landlord.

    You do not have to be there with landlord: If landlord decides not to be there, fine. Just take loads of photos, ideally with witness, return keys before end of tenancy, job done.

    Why stay so long with terrible landlord?
    • martindow
    • By martindow 20th Apr 17, 11:13 AM
    • 7,303 Posts
    • 4,083 Thanks
    martindow
    • #4
    • 20th Apr 17, 11:13 AM
    • #4
    • 20th Apr 17, 11:13 AM
    After such a long tenancy it will be very difficult for the LL to claim for any deterioration after 12 years wear and tear. I would clean the house well and ask for the full deposit to be returned.

    Has the contract been rolling on a month by month basis after the initial term? If it has been renewed since deposit protection become obligatory, I believe it should then have been protected.
    • soozer
    • By soozer 20th Apr 17, 11:59 AM
    • 27 Posts
    • 8 Thanks
    soozer
    • #5
    • 20th Apr 17, 11:59 AM
    • #5
    • 20th Apr 17, 11:59 AM
    As long as you have served valid notice you don;t require any response from landlord.

    You do not have to be there with landlord: If landlord decides not to be there, fine. Just take loads of photos, ideally with witness, return keys before end of tenancy, job done.

    Why stay so long with terrible landlord?
    Originally posted by theartfullodger
    I would say my landlord was more neglectful than terrible. She doesn't seem to care about the property, as long as she's getting the rent. It's taken us so long to get out because we were broke for a few years, and then planned an eventual move to another part of the country - which has never come to fruition, so now we've moved more locally, where we can keep our current jobs but live in a lovely, peaceful area.

    Do we really not have to meet to inspect the property with her and hand back the keys? We're taking lots of photos/video of the house to try and get back the deposit.
    • soozer
    • By soozer 20th Apr 17, 12:01 PM
    • 27 Posts
    • 8 Thanks
    soozer
    • #6
    • 20th Apr 17, 12:01 PM
    • #6
    • 20th Apr 17, 12:01 PM
    After such a long tenancy it will be very difficult for the LL to claim for any deterioration after 12 years wear and tear. I would clean the house well and ask for the full deposit to be returned.

    Has the contract been rolling on a month by month basis after the initial term? If it has been renewed since deposit protection become obligatory, I believe it should then have been protected.
    Originally posted by martindow
    Thank you. We're hoping that a good clean will ensure we'll get the deposit back, but she's quite tight with money so I think it will be a bit of a battle.

    The contract has been rolling since March 2005 - with various rent increases since then. We've not heard anything about our deposit since we moved in, so I assume it's still with the landlord. Should she have protected it?
    • elverson
    • By elverson 20th Apr 17, 12:07 PM
    • 719 Posts
    • 456 Thanks
    elverson
    • #7
    • 20th Apr 17, 12:07 PM
    • #7
    • 20th Apr 17, 12:07 PM
    Your landlord must put your deposit in a government-backed tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007.
    https://www.gov.uk/tenancy-deposit-protection/overview
    • dimbo61
    • By dimbo61 20th Apr 17, 8:55 PM
    • 9,595 Posts
    • 5,187 Thanks
    dimbo61
    • #8
    • 20th Apr 17, 8:55 PM
    • #8
    • 20th Apr 17, 8:55 PM
    You may have to go to court to get her to pay up.
    The whole property sounds like it needs a full refurbishment.
    She may think the deposit is hers to keep but she is wrong and a " Letter before Action " may get your deposit back asap
    • martindow
    • By martindow 21st Apr 17, 10:16 AM
    • 7,303 Posts
    • 4,083 Thanks
    martindow
    • #9
    • 21st Apr 17, 10:16 AM
    • #9
    • 21st Apr 17, 10:16 AM

    The contract has been rolling since March 2005 - with various rent increases since then.
    Originally posted by soozer
    Although the rental has been ongoing do rent increases imply new contracts as far as deposit protection is concerned?
    • saajan_12
    • By saajan_12 21st Apr 17, 10:38 AM
    • 1,010 Posts
    • 678 Thanks
    saajan_12
    Although the rental has been ongoing do rent increases imply new contracts as far as deposit protection is concerned?
    Originally posted by martindow
    No. The point at which it goes rolling may be a new tenancy but increases (e.g. by Section 13 notice or just tenant paying a new amount) do not constitute a new contract.
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