Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • 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
    • 38,874 Posts
    • 44,122 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
    • 8,596 Posts
    • 11,345 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
    • 6,928 Posts
    • 3,804 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
    • 486 Posts
    • 298 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
    • eggha
    • By eggha 20th Apr 17, 12:14 PM
    • 235 Posts
    • 242 Thanks
    eggha
    • #8
    • 20th Apr 17, 12:14 PM
    • #8
    • 20th Apr 17, 12:14 PM
    The contract has been rolling since March 2005 - ..... Should she have protected it?
    Originally posted by soozer
    based on that dateline, no she is not required to have registered it since your tenancy became periodic before the cutoff date 6th April 2007

    as regards your checkout, obviously if the LL is present when you do the physical checkout you can both agree on condition of items on the spot. naturally many people who actively choose not to be present given the possibility for open conflict at such a time so the LL's "refusal" to communicate may be because she does not want to put herself in such a potentially exposed position. Perfectly OK to do the checkout without the LL present, though obviously in such cases you will need cast iron evidence of the condition of items and also "proof" of the date of the evidence.

    If, as appears likely, you contest any deductions the LL makes from their deposit you will need to sue them for its return given you cannot use a protection scheme's process. A court would require the LL to prove their claim, not you to prove yours. Clearly however in that case your dated photos would strongly support your counter claim - I may be old fashioned but by dated photo I mean a picture with that day's newspaper in shot, not an electronic date on the file that anyone could change
    Last edited by eggha; 20-04-2017 at 12:23 PM.
    • dimbo61
    • By dimbo61 20th Apr 17, 8:55 PM
    • 9,332 Posts
    • 5,060 Thanks
    dimbo61
    • #9
    • 20th Apr 17, 8:55 PM
    • #9
    • 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
    • 6,928 Posts
    • 3,804 Thanks
    martindow

    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
    • 303 Posts
    • 195 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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

676Posts Today

6,429Users online

Martin's Twitter