Slightly stupid T, really stupid LL?

mynameisdave

Definately report it

Its up to you however if you want to do it right away or use it as a bargaining tool. Remind the landlord that he has failed in his obligations and should be happy that you havent done XYZ that could land him in a lot of hot water, both legally and financially.

tbs624

~moneysavingnovice~ wrote: »

Thanks for all the constructive replies on here.

It looks like the key things going against him are the gas safety certificate and lack of deposit protection. And against us the putting the keys through the letterbox (the flat really wasn't in a bad state when we left, it just hadn't been professionally cleaned).

I might call his bluff, and say that I'll report him for the gas safety cert, and then see what his next move is.

Either the HSE or your local Council's EHO can prosecute a LL. Separate charges for (a) failing to get cert done by a Gas Safe registered HE (b) failing to provide the Ts with a copy of GSC, (c) failing to be able to show last 2 years worth of GSCs, if property has been let for that time.

If your LL is classed as non-uk resident LL then there may be issues with HMRC. What should happen is that tax is deducted from the rent, ie at source, either by an LA or by the T ( see http://www.hmrc.gov.uk/cnr/nr_landlords.htm)

Where a LL who is abroad fails to provide a T with a UK address for "service of notices" , then the T is not obliged to pay rent to the LL until such time as the address *has* been provided ( see s47/ S48 of the LL&T Act 1987)

~moneysavingnovice~

Part of me wants to use it as a bargaining tool, but part of me also wants to make sure he actually does get one done for the next tennants.

With regards to the tax, I've heard I might be liable as he lives abroad?? So perhaps shouldn't bring this up with him? Does it make any difference that he's planning to move home from Spain in a few months? AFAIK he lived abroad for around 2 years, throughout my tenancy and throughout the previous 1-year one.

clutton_2

cobblers indeed krazykate -- do stop exaggerating... no landlord is going to prison for not lodging a deposit ... even for having no LGSC s/he will probably only get a fine for a first offence.. and i agree he should be punished for no gas cert..... .....

re your "helpful" suggestion of taking money out of the deposit for lock-replacement.... the LL Cant as the tenant has not paid his last 6 weeks rent.. but he does not include that in his "list of wrongdoings" - that is a very serious breach of tenancy

OP says "" For the sake of the next tennants as much as being vinidictive??""

- you have already been vindictive by not paying your rent in full, leaving the property dirty and disposing of the keys in a way that means your LL does not have access to them.......

and you want our sympathy ??

~moneysavingnovice~

clutton wrote: »

kraykate -- do stop exaggerating... no landlord is going to prison for not lodging a deposit for a first offence... even for having no LGSC s/he will probably only get a fine for a first offence.. and i agree he should be punished for no gas cert..... .....

re your "helpful" suggestion of taking money out of the deposit for lock-replacement.... the LL Cant as the tenant has not paid his last 6 weeks rent.. but he does not include that in his "list of wrongdoings" - that is a very serious breach of tenancy

It's actually the very first thing in the list of my wrong-doings. But, I was doing it to protect myself given that he hadn't protected the deposit and as he lives in Spain chasing him through the courts would have been nigh-on impossible if he'd chosen to keep my deposit (nearly £2,000 so not exactly a small amount of money).

Anyway, will see how LL reacts to be calling his bluff. And will have a think about the gas cert.

~moneysavingnovice~

clutton wrote: »

and you want our sympathy ??

No? Not sure where you got that idea from.

And the property was not DIRTY, it just hadn't been professionally cleaned. I shouldn't have put the keys through the letterbox, but there you go, I've done it now.

I like how all the LLs are ignoring the things he's done wrong, and making me out to be some nightmare tennant. I'm not, the deposit-as-rent was a result of him not protecting the deposit- I said to him if he protected it, I would pay the rent. He still chose not to protect it.

myhouse_2

KrazyKate wrote: »

Hi there MoneysavingNovice!
As soon as he or you mention the bond was not protected, he would get laughed out of court (after being landed with a hefty fine and or prison sentence) You should have rec'd notification within 14 days of the start of the tenancy that the deposit was registered with an approved scheme.
-Didn't give us a gas safety cert This again would land him in serious trouble as this is braking the law cue another hefty fine and or prison sentence.


Hope this helps!

KrazyKate

Is the punishment for these offences by the landlord really a prison sentence?? I think not somehow - I'd like to see some evidence.

JanCee

myhouse wrote: »

Is the punishment for these offences by the landlord really a prison sentence?? I think not somehow - I'd like to see some evidence.

No it isn't.

tbs624

clutton wrote: »

re your "helpful" suggestion of taking money out of the deposit for lock-replacement.... the LL Cant as the tenant has not paid his last 6 weeks rent.. but he does not include that in his "list of wrongdoings" - that is a very serious breach of tenancy

..... and yet if LL has not provided a UK address for the service of notices, then he is lucky indeed that the Ts have paid *any* rent at all.

Both parties have "wronged", which the OP acknowledges, but on the balance of what we have heard here I'd say that, in this case, the LL is the bigger disgrace.

LLs who

• don't provide a GSC
• don't provide a UK address
• don't provide T with minimum protection by seeking mortgagor's consent to let
• don't scheme register a tenancy deposit

shouldn't be surprised when their Ts don't to want to play by the rules either.


I think in this case, I'd call the LLs bluff. You could tell him that the rent is available in a separate account for when he provides a valid UK address to you and that you will be reporting him to the Council/HSE on the GSC, writing to HMRC, and taking him to court for failing to protect your tenancy deposit. Alternatively, you could suggest that he settles it amicably with you and confirms the arrangement in writing.

clutton_2

""don't provide T with minimum protection by seeking mortgagor's consent to let ""

we still dont know how the OP knows this... maybe its just speculation.....

as the post title says.. they have both been stupid.....