No Tenancy Agreement and No Inventory

snufkin

Hi everyone,

Just looking for a bit of advice really. We are leaving our current rented property, after giving over one months notice, and moving to another one nearer to my work. When we moved in here in Oct 07 we never signed an agreement, only had a verbal agreement and the deposit was not put in a scheme. Also no inventory was taken at the time of moving in. Our landlord has already checked the property and stated everything was fine and he would give us our deposit back before we left. Now yesterday (he joint owns the house and his sister apparently wasnt happy with us having the deposit back before we left) he tells us he will not be giving us the deposit back until he has checked the house over on the day we have left and then he will decide what he is giving us back. Now this is far enough and I understand this completely but where do we stand with it all? There is a lot more to this but this is the crux of it.

Believe me I have learnt the hard way about this and with our new property everything has been done down the line on both sides, with agreements, tenancy deposit etc

Any advice would be much appreciated.

Snufkin

lynzpower

Can you meet him rthere with a video camera?

It makes good sense to go aroujn d the property with him, so he can check things over and talk to you face to face. I had this once and I brought along someone from the council 9 thi swas a very unreasonable witchy LL, she deserved it long story)

As she was going around she had said from the off she didnt want to give our deps back, then she pointed out a blown lightbulb in the loo and said that proved it, I was with the private lettings guy from the council simply saying to her "NOT LAWFUL" she tried to do us for a dead plant in the garden "NOT LAWFUL" and a dirty uppper window that the windowcleaner couldnt get to "NOT LAWFUL" there was some dirty marks on the WHITE hallway carpet that she claimed she was going to have to replace and i practically shouted in her face FAIR WEAR & TEAR. :rotfl:
the private lettings guy simply nodding around behind us as we scoured the house from top to bottom .

This is a very extreme case, but I would definatley get a digitaslvideo camera - or if you have a phone that will do it - fine.

Are there any damages you are worried about ?

barnaby-bear

snufkin wrote: »

Hi everyone,

Just looking for a bit of advice really. We are leaving our current rented property, after giving over one months notice, and moving to another one nearer to my work. When we moved in here in Oct 07 we never signed an agreement, only had a verbal agreement and the deposit was not put in a scheme. Also no inventory was taken at the time of moving in. Our landlord has already checked the property and stated everything was fine and he would give us our deposit back before we left. Now yesterday (he joint owns the house and his sister apparently wasnt happy with us having the deposit back before we left) he tells us he will not be giving us the deposit back until he has checked the house over on the day we have left and then he will decide what he is giving us back. Now this is far enough and I understand this completely but where do we stand with it all? There is a lot more to this but this is the crux of it.

Believe me I have learnt the hard way about this and with our new property everything has been done down the line on both sides, with agreements, tenancy deposit etc

Any advice would be much appreciated.

Snufkin

So this LL is keeping the letting entirely without paper trail..... wonder why :rolleyes: so chances are mortgage company and the HMRC (revenue) etc don't know about him and he doesn't want them to - bit of bluffing about calling in the council's private tenancy officer etc.... willl probably scare him

snufkin

barnaby-bear wrote: »

So this LL is keeping the letting entirely without paper trail..... wonder why :rolleyes: so chances are mortgage company and the HMRC (revenue) etc don't know about him and he doesn't want them to - bit of bluffing about calling in the council's private tenancy officer etc.... willl probably scare him

I have checked the land registry and he owns the house outright with his sister, but I do feel that he is not declaring this to the tax man.

Are there any damages you are worried about ?

If I am honest the only damage to the property is some tiny parts on the wallpapaer on the stairs where it has come off when we moved some funiture upstairs and I wasnt strong enough LOL. There are about 10 of these marks varying from 1mm to 3 mm square and that is it. The garden is tidy, we have repainted the skirting boards where paint had come off when the hoover had hit it and we have cleaned the carpets which are in a better state now than when we moved in.

Cheers for the replies guys.

I just think he has spent the money and doesnt want to pay, he was only telling the neighbours the other day what great tenants we are, only for him to tell me over the phone we werent. He just doesnt want to pay does he?

lynzpower

theartfullodger wrote: »

How were you paying him - cash with no record or by cheque/Standing Order/Direct Debit..

You have a tenancy agreement, just that it wasn't written down. The deposit is interesting...Assuming (I'm sure he didn't..) put the deposit, as required by Law, in one of the 3 deposit schemes he is liable to a fine of 3x the deposit plus legal costs. The 3x depost goes to you (assuming court agrees you had a tenancy). I guess as you will have elect/gas/council tax/'phone bills with your name & the address on it that kinda proves it.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm
may help a bit...

Yup, in your shoes I'd get my money back from him & the 3x fine THEN grass him up to HMRC & mortgage company.

Do you have his full name & address??? Make sure any time you see him/he comes round/his sister comes round you have a witness (not to say anything, just to be a witness if ever needed).

Sorry this has happenned to you, what a ****ard... Gives Landlords a bad name (& I'm a LL!).

Best wishes & good luck in future...

Was the TDS in force in 07, cant remember?

theartfullodger

From 6th April 2007 TDS in force: See government link given above...

Cheers!

Artful

olly300

snufkin wrote: »

I have checked the land registry and he owns the house outright with his sister, but I do feel that he is not declaring this to the tax man.

Do your duty as a citizen when you move out and get your deposit back-
http://www.taxevasionhotline.co.uk/index.html

(put him under self-employed)

You are doing them a favour as if they get caught much later they will have a bigger fine.

snufkin wrote: »

Are there any damages you are worried about ?

If I am honest the only damage to the property is some tiny parts on the wallpapaer on the stairs where it has come off when we moved some funiture upstairs and I wasnt strong enough LOL. There are about 10 of these marks varying from 1mm to 3 mm square and that is it. The garden is tidy, we have repainted the skirting boards where paint had come off when the hoover had hit it and we have cleaned the carpets which are in a better state now than when we moved in.

Cheers for the replies guys.

I just think he has spent the money and doesnt want to pay, he was only telling the neighbours the other day what great tenants we are, only for him to tell me over the phone we werent. He just doesnt want to pay does he?

Make sure you take photos or get a video camera as suggested.

If the deposit money is a lot make sure you have his address and it's in England and Wales now and be prepared to take him to the small claims court.

It's very easy. I had to threaten to take one landlord to it and then did actually take a landlord to it. Both occasions I got my deposit back in full.

snufkin

I don't have a video camera or access to one but I do have a digital camera I can borrow.

Cheers everyone for your advice it is very much apprecaited.