Landlord threatening court action (I never signed a contract)

Blacksheep1979

I'm afraid you've got a tenancy in principal just by the fact that you've been paying monthly rent. If the landlord can find you and takes legal action he will most likely win.

Turnbull2000

Good luck Rob, hope you manage to wipe the floor with this amateur. Landlords who use retaliatory evictions are scum of the highest order.

Rob_tt

Blacksheep1979 wrote: »

I'm afraid you've got a tenancy in principal just by the fact that you've been paying monthly rent. If the landlord can find you and takes legal action he will most likely win.

erm. why will HE win? he has not entered my deposit in a DPS?
and HE has found me thats why he's taken me to court.

do you not think that the fact that HA sections 213 & 314 relate to DPS's? and the LL has failed to comply with this legislation?

sorry but i don't think you post/reply was helpful sorry Blacksheep1979

Blacksheep1979

I'm sorry that as my post wasn't what you wanted to hear that you deem it unhelpful. But the lack physical contract doesn't mean one doesn't exist - as to the 'deposit' if the landlord plays his cards right and you have nothing in writing he could claim that you were paying rent up front - I'm not too sure how the deposit laws relate around this, but the lack of paperwork only benefits the landlord really in this case.

Rob_tt

i thought that if no 'written' contract ever exisited then surely its difficult to prove the condition of the flat was over and above 'fair wair and tear' having not signed an inventory?

and how can the LL just allocate part of my deposit for part payment?

i asked hime if my deposit was in a scheme and he said the scheme was introduced after i moved in. I moved in to the property in Sept 07.

clutton_2

but it is what can be produced in writing to the court which will sway the judge.

you left owing rent - you have to pay that.

he did not protect your deposit - he MAY have to pay you 3 times - IF you can prove you paid a deposit

the damage will be a point of dispute between you - was an inventory signed when you moved in ? Did you take pictures when you moved out ?>

what makes you think this ? ""it seems the claims by the LL for damage to the property have been dismissed""

have you had a letter from the cort saying it has been dismissed ??

Rob_tt

by way of proof of paying my deposit would the letter/calim from the LL be sufficient he admits he held a 'security deposit of £550'' from me?

or do i need bank statement?

i had a letter from the district judge saying what i posted in my ealier post.

the reason i felt the damage was dismissed was there was no mention of it???
no request to either party for photos. no i did not take photos before leaving but i have 2 witness statements from freinds who were at the property up until i left it. they admit the property was free from damage and in reasonable condition. one even witnessed me cleaning the kitchen and oven and carpets.

may be i could e mail anyone a copy of my defence/counterclaim and the original claim by the LL perhaps that would shed more light in to this case?

i'm just worried but at the same time reading the HA section 213 & 214 as stated by th judge i feel the case is more in my favour the LL did not protect my deposit perhaps he will be worried after readin up in the HA 2004 sections 312 & 214?


regards

tbs624

Rob_tt wrote: »

by way of proof of paying my deposit would the letter/calim from the LL be sufficient he admits he held a 'security deposit of £550'' from me?..

or do i need bank statement?

If your LL has admitted to having a security deposit/bond from you then that helps you enormously but it would be useful for you to be able to personally clarify the date on which you actually paid it to the LL by checking back through your bank statements etc. Make sure that you also draw up your own rent statement of rent due dates, the amount you paid, the date on which you paid it, and which payment method payment was used etc and have bank statements available. This is general stuff because we dont know the full ins and outs of your claim ( however, see bit at the bottom)

Rob_tt wrote: »

i'm just worried but at the same time reading the HA section 213 & 214 as stated by th judge i feel the case is more in my favour the LL did not protect my deposit perhaps he will be worried after readin up in the HA 2004 sections 312 & 214?

Did you highlight the fact that you were served a S21 notice of intent to repossess that cannot have been valid (because of the lack of deposit registration) btw and that this was what led to you leaving the property when you did?

You do need to be aware that the LL may still look to you to pay the unpaid rent from the 5th of the month when the rent was due until the day you moved out (assuming you paid monthly in advance) even if you are awarded the return of your deposit plus a 3x deposit amount penalty payment. If at the time he served you with a S21 notice you were unaware that he could not do so validly , it was reasonable to expect that you would act on his request to give up occupation but not reasonable that that you wouldn't pay rent up until the date you moved out.

Rob_tt wrote: »

may be i could e mail anyone a copy of my defence/counterclaim and the original claim by the LL perhaps that would shed more light in to this case? ..

Its perhaps best not to seek specific personal legal advice from all of us who are unknown random folk on an internet forum - if you need to talk through the specifics of your claim use one of these :

(1) advice from an experienced LL& T worker at the CAB
(2) phone advice from Community Legal Advice on 0845 345 4 345
(3) a fixed fee appointment with a local solicitor who specialises in LL&T
(4) help from your local Council's Tenancy Relations Officer (private sector rentals team)
(5) telephone advice from Shelter 0808 800 4444

Rob_tt

thanks for the reply.

I did in my counterclaim state my LL issude a S21 notice whilst failing to protect my deposit (i included the HA 2004 papragraph that states no S21 can be used if the deposit is unprotected).

we did leave ASAP as we both felt harassed is also stated this to the LL. i left a note to the LL saying the he could keep my deposit as payment for the month i was moving out and how he had been unfair to us.

i sought retrospective advice from CAB/Shelter and local council re DPS's they advised me to include this in my counter claim that no deposit had been protected therefore a S21 was/is invalid. also to inlude trespass.

rent was paid by standing order to the LL every (3rd of the month from the time i moved in).

Blacksheep1979

If he's stupid enough to have put that it was a security deposit and that this was paid after the tenancy schemes came into affect then he's screwed (on this point) but you do still owe for the rent...