Advice on LL needed no tenancy deposit scheme

need_a_home_not_a_roof

Hello all I need advice re my landlord after talking with him tonight we will not be renewing the tennacy agreement as he wanted to increase it but we are already paying £160 a month above what other properties of the same size are been rented for in this area. Hence I could not agree to his increase. Long and short of it is he didn't give me a copy of our tenancy agreement again even though I asked for it (slippery man distracted me yet again).

I asked him for the number for the deposit scheme he said he doesn't have one as the deposit is in a seperate bank account which is legal. The tenancy was signed nov 2007 so I believe from what I have read it needs to be in a scheme am I right? If I am correct would you take him to court. I am worried about getting it back although he assured me tonight we would, provided the house was cleaned to a satisfactory standard. Well I resent this as thats impossible, when we moved in he said he had cleaned the house but the kitchen took 4 women 1 and half days to scrub and the grease is still inground.

Also worried if I take him to court about a referance for the next property. Also if anyone knows what are my rights regarding viewings too.

silvercar

Your deposit should have been protected, so you can take him to court. If he protects it before the court case you may not get 3 x deposit penalty.

If you clean it to the same standard you received it, you should get the deposit back. Was their an inventory and was the grubiness noted?

You can refuse viewings, as you are entitled to quiet enjoyment of the property.

Reference situation is a tricky one. If you refuse all viewings and take him to court, your chances of a decent reference may diminish.

need_a_home_not_a_roof

Thanks for the reply, I wasn't planning on denying him reasonable access but I don't want him showing people around when I am not here. I have heard some dubious things about him from my neighbour (they are not tennants of his) and the previous tennants left as my Landlord let himself in the house without permission and the lady of the house was upstair in bed ill, so ignored the door. He was poking about downstairs for 20 minutes before she realised it was not her husband as he would have gone upstairs, they also had problems getting repairs done as we do.

During viewings too is it right to assume they are not allowed to look in my wardrobes and cupboards as they are all fitted. I just dont like the thought of strangers poking about my things, may seem petty but thats just how I feel.

Could I take him to court when we have moved out? I don't understand why we would not get any compensation if he deposited when court papers have been issued surely this makes a mockery of the law. W have been here for 9 months now and he hasn't put it in. Prior to that we lived in one of his properties over the road so we have been tennants of his for well over a year (inital deposit was given july 07).

house184

Unfortunately the Law regarding deposits is rather confusing to say the least. You can thank the very badly drafted Housing Act 2004 for that

Yes you can take him to Court after you have moved out. Judgements have gone both ways. You might be lucky, you might not! At least you will hopefully have your deposit protected.

I would only allow visits when you are present.

clutton_2

Why not cooperate with the viewings, but say that you will only accept them when you are in the property yourself. Then wait and see if you get your deposit back. If you dont, then take him to court.

Did both LL & Tenant sign an inventory when you moved in ?

you also need to read Eagerlearner's thread on here for exactly this scenario.

tbs624

I’m assuming that your TA is for 12 months, ie finishing October 2008?

Write to the LL *now*. You are legally entitled to a copy of your tenancy agreement/ the key terms of your agreement whilst you are still a tenant. If you don’t have a full address for your LL you should also ask in writing for this information too ( the LL has to give you this info within 21 days). You won’t be able to insist once you are no longer a tenant and you may need both if there is a dispute.

As regards the deposit - it is the date on which you paid the deposit to him that is important. If that was after 6 April 2007 are you are absolutely certain that your LL has not registered your deposit?

You can check for yourself here: http://www.direct.gov.uk/en/TenancyDeposit/DG_066391. Note that the LL can still retain the deposit itself, so long as he has registered it (the free scheme is a custodial one, into which they have to physically pay over the deposit monies)

If he definitely hasn’t registered it then he’s dafter than you think. Quite apart from the fact that he can be ordered to immediately repay the deposit in full or scheme-register it immediately, until and unless either of things are done he *cannot* serve you with a valid S21 Notice of intent to regain possession on the expiry date of your contract.

Additionally, as has already been posted above, a LL can only ask you to return the property in a similar condition as that in which it was provided to you at the start of the tenancy, fair wear and tear accepted. If there is any dispute over the state of the property he has to notify in you in writing of any proposed deductions and you can challenge them if you believe you have grounds to do so. If there is not a signed inventory from the start of the tenancy he would struggle to prove a specific level of condition, and you seem to have had several witnesses/cleaners who can attest to its state if needs be.

You do not have to agree any viewings if you really don’t want to, or you can offer a couple of evening sessions and one sat afternoon for example, to be undertaken only when you are at home.

What I would say to you is that LLs can be held liable for untruths in any reference, and you are entitled to see a copy. Decent LLs aren’t stupid - if a tenant who comes up to the mark in every other way has a poor reference from the previous LL then the new LL will talk to the tenant for their side of the story. I have particular views on the business morals of LLs who fail to register their tenants' deposits - there *is* no excuse: it can be done online on the day of receipt, and it protects both parties to get it done.

need_a_home_not_a_roof

Hello thanks for the replies the landlord said he doesn't need a scheme because he has the deposit held in a seperate bank account which is legal! He can not provide any number for it or anything, its apparently just sitting in an account in his name seperate to his personal banking.

As for the tenancy agreement, I can not write to him as I do not have an address, all I know he he has a newsagents and another business but I only know a rough location so could be one of many. I have his mobile number and thats it.

No inventetory was signed by either of us, there simply wasn't one. I also told the landlord about the shed in the garden last night (again) as it is beyond repair and dangerous, one gust of wind and it could be down. I asked him to remove it again and he stated he wouldn't as it was not part of the tenancy agreement and he allowed ppl to use it if they wish to at their own risk. Well we don't use it but since legally we have to stay here till the end of november under the agreement, would he be liable if it did fall on someone or cause damage to anything in the garden such as my little girls garden toys (they were very expensive so don't want to be caught out and be out of pocket).

I am prepared to let him show people around the house providing I or my husband are here. I also don't want people going through my wardrobes even if they are built in and part of the house, this extends to the kitchen cupboards too. I maybe been petty but I just don't like the thought of stangers looking in them. I also object to him thinking he can give 24 hours notice and this will be sufficant, what if we are busy ect. He seems to think he can just let himself in with viewers as long as 24 hrs notice is given.

Theres just loads of things this landlord does that I just can not believe, he has 20+ properties so he isn't a small landlord and should know his stuff. He is very slippery though and gets me doubting myself even when I know my facts are correct. I am feeling very stupid for letting him put me off on all my requests for so long and making me feel like he is doing me a favour renting this house to us. When thats not the case at all, they'd have been other houses to rent for a lot less!

tbs624

You haven't said otherwise so am assuming that you are in either England or Wales?

It doesn't matter how many properties this LL has - he seems to have some appalling business practices that could have severe financial implications for him.

Are you saying that there is no address given on your Tenancy Agreement?(normally in a clause with a reference to S48 of the LL & T Act 1987 and Service of notices)

How do you pay your rent? Does he collect or do you pay by standing order?

Without a valid address for the LL no rent is legally collectable and this, combined with the fact that he can't serve a S21if he hasn't registered your deposit, puts him in a very weak position.

You should be able to download the LLs address from the Land Registry online for a few quid - simply look up the property at which you are living as a start.

You do need to get cracking with this so that you are prepared, in the event of any further dispute over your deposit. Do you know any of his other tenants or addresses of the properties?

If he is not registering deposits and not giving tenants an address, it seems as though he is trying to operate "below the radar" and its possible he's not declaring his rental income to HMRC.

Does he provide annual gas safety checks/service plus a current gas safety certificate for the property?

You could also have a chat with someone at Shelter 0808 800 4444 (7 days, 8am-8pm)and talk to the private sector rentals team at your local council, who should have a tenancy relations officer who can help you.

need_a_home_not_a_roof

Your right I do live in England. I do not know if the LL put his address on the tenancy agreement because after 9 months of asking him for a copy I still don't have one. I have also asked him to remove my sister in law from the agreement (she lived with us for a few months when my brother was posted out to Iraq) the LL insisted she needed to be on the agreement for his insurance. He now won't remove her because its hassle (this is what he told me last night).

We pay our rent every 4 weeks at the post office, we use a paying in book for his what I presume is his personal account as it has his name on it.

I have no means of paying for the land regisery online or I would do this, will see if anyone else can over the weekend and give them the money.

He does do gas saftey checks but I think its a mate that does them, he was in his office and chatting like a friend the first time we met the LL anyway. Never thought to check the corgi number on it will dig it out later.

i have contacted shelter thanks, I have an appointment with them a week friday. If you wouldn't mind give further advice (I know shelter will advise me too) as I am getting more and more anxious over it all (to be honest I just want to cry, I feel such a fool)

I am also looking for Eagerlearners thread and will read that in full no matter how long it is

tbs624

*Don't* "feel such a fool" over this - it can be hard when you have a LL who plays this sort of game but you *can* get through and out to the other side of all of this with your deposit intact if you have the right support. Others have been through similar situations too. It's good that you have got an appointment with someone from Shelter, and if you keep updating on here as things progress others can post their suggestions for you.

Check also on that gas safety certificate because sometimes a LLs address will be listed on there - is there any other work that has ever been done at the property for which you may have worksheets etc ? Have you googled the mobile tel number - if he uses it for advertising any of his businesses it may provide a "hit".

And here's the link to EagerLearner's monumental thread http://forums.moneysavingexpert.com/showthread.html?t=227606

need_a_home_not_a_roof

No other work sheets instead he bodges everything himself. Our front door isn't even secure as he had to use a crowbar to gain entry when the previous tenants left without notice. Again he fed us a pack of lies about their departure, neighbour told us they left as LL let himself in thinking they were out and the wife was upstairs in bed :eek:

Anyway he put a new lock in after I protested the old lock was beyond acceptable and I had expected him to repair the splintered door frame as there is a gap of aprox 1 and half inches between the lock and the fram. He didn't replace or repair the frame he shoved a bit of wood in the hole, which will fall out when you bang the door.

Theres a huge list of repairs that haven't been addressed and I am made to feel out of order when I ask for them doing or he just forgets then denys I asked him to do them. He is supposed to be coming today as the bathroom light has fallen out of the ceiling as of yet he's not shown up and I have waited in all day yet again. So we still daren't use the shower or bath incase the steam does something to the exposed wires. Cheeky mare even tried to lay the blame on us for not opening the bathroom window (which is about to fallout) when we shower.

I'm going to stop now because the more and more I write it brings a hundred other things I could write, and that makes me crosser and makes me feel even more of an idiot for not listening to my gut feelings about him over a year ago. I just wish we hadn't been so desperate for somewhere to live, because we would never have rationally touched this man with a barge pole!