Can I sue my landlord?

Nicolajennytrew

Hello, I am desperate for advice so I welcome any of your wise words !

I am moving out of a property in 4 days time. I am sure that I will get my deposit back of £400.

However, the landlord told me yesterday that he has not put the deposit into a tenancy deposit scheme. I have been there for two years.

Can I sue him for 3 times the amount of the deposit, even if I get the deposit back without dispute?

He has been a poor landlord, but is accusing me of breaching my contract by letting my boyfriend stay over with me. He has seen him here twice, and the first time he told me he had no problems with him staying. The second time, he changed his mind, and gave me four weeks to move out.

I feel as though he has bullied me out of the house by saying I have breached my contract. Have I breached it?


Thank you

Nicola

clutton_2

a LL always has to give a tenant 2 months notice by way of a Section 21 notice... have you had one of these - it may be with yoru original tenancy agreement.... - if you have not had one, then he cannot force you to move out....

tbs624

clutton wrote: »

a LL always has to give a tenant 2 months notice by way of a Section 21 notice... have you had one of these - it may be with yoru original tenancy agreement.... - if you have not had one, then he cannot force you to move out....

Even if the LL has served a s21 Notice , the fact that the OP's deposit has not been scheme registered will render it invalid.

theartfullodger

(We are talking Engerland & he doesn't live in the building??) If so then 4 weeks isn't enough notice (needs to be 2 months) and even then you don't have to leave, particularly as indicated above so his notice was invalid & anyway until he gets a court-order and bailiffs round (will take months) you don't have to leave. He ain't gonna get a court order with an unprotected deposit...

Write (not 'phone, not speak) to him, keep a copy, stating you consider his notice invalid and you are minded to sue him for 3xdeposit ..

Cheers!

Lodger

Nicolajennytrew

Thanks for the advice guys but its not really the fact that hes given me the wrong notice to get out of the building that Im concerned about (the place isnt very nice! im glad to be getting out early!)

I've just heard a lot about people taking landlords to court to sue them for breaching the tenancy deposit scheme rule and not winning?

When i move out on friday, if i take the 400 pounds, could i sue him in a couple of weeks time??

Sorry I hope what Im saying makes sense!

Thanks so much xxx

wrusst

Nicolajennytrew wrote: »

Thanks for the advice guys but its not really the fact that hes given me the wrong notice to get out of the building that Im concerned about (the place isnt very nice! im glad to be getting out early!)

I've just heard a lot about people taking landlords to court to sue them for breaching the tenancy deposit scheme rule and not winning?

When i move out on friday, if i take the 400 pounds, could i sue him in a couple of weeks time??

Sorry I hope what Im saying makes sense!

Thanks so much xxx

Im a landlord and heres my view. The guys giving your full deposit back and you want to sue him are you for real i think you will get laughed at in court as hes not with holding the funds from you and you have had no loss of earnings. Protection schemes were designed so landlords didnt keep your money or spend it unfairly.

(Text removed by MSE Forum Team)

Thats why i im selective about my tennents and the reason i ask for high bonds for people like you that spoil it for every one else.
also if you do take the money back the court may see it as a deal has been done. hes using the boyfriend as an exscuse and theres obviously and under lying issue here and i wouldnt care long as the house was in good nick and money was paid on time

mynameisdave

And tenants hope they don't get shoddy landlords who make up the rules as they go along and to their own convenience.

Nicolajennytrew

I was not going to sue him, until he decided to tell me to get out early. He is bullying me out of the property so that he can get new tenants in quicker, which is unfair.

He has been the worst landlord in the past year, we had no heating for a month in december and nothing has been fixed.

He is also telling me to clean out the tenants before belongings from the cupboards or else I wont get my deposit back

I am not a "money grabber" , I just feel as though I am being threatened and intimidated by this man and its not right.

tbs624

Nicolajennytrew wrote: »

Hello, I am desperate for advice so I welcome any of your wise words !

I am moving out of a property in 4 days time. I am sure that I will get my deposit back of £400.

However, the landlord told me yesterday that he has not put the deposit into a tenancy deposit scheme. I have been there for two years.

Can I sue him for 3 times the amount of the deposit, even if I get the deposit back without dispute?

Is the property in Eng/Wales? If yes and you get the tenancy deposit back in full, why would you then be suing?

Nicolajennytrew wrote: »

He has been a poor landlord, but is accusing me of breaching my contract by letting my boyfriend stay over with me. He has seen him here twice, and the first time he told me he had no problems with him staying. The second time, he changed his mind, and gave me four weeks to move out.

I feel as though he has bullied me out of the house by saying I have breached my contract. Have I breached it?

If you have exclusive occupation of the property ( ie you are not sharing any part of it with the LL) then you would be allowed to have guests to stay in your home on an occasional basis.

Do you have somewhere to go to, as you say you will be moving out in 4 day's time? Are you still within a Fixed Term, or has the contract continued on a month to month basis after the expiry of the original Fixed Term?

You may want to talk to the private sector rentals officer at your local Council and/or Shelter's helpline people on 0808 800 4444 before you actually move out. Both tend to be busy so you will have to be fairly persistent, but they can give you valuable support and advice

Nicolajennytrew

Yes this is in England, and as harsh as it sounds, even if i get my 400 pounds back, i still want to sue him for the hassle and stress he has caused me throughout my stay, especially in the last month. I was living with two other girls, ever since they moved out, he has been rude, coming in when he likes and forcing me out early. I know this all sounds very cash grabbing but I dont care, i just want to know my options.

I am not sharing with my landlord no, he is using the boyfriend excuse to get me out early.

I am moving out in 4 days time to another property yes, the contract was meant to end on the 1st of september anyway.

Thank you for your help

wrusst

mynameisdave wrote: »

And tenants hope they don't get shoddy landlords who make up the rules as they go along and to their own convenience.

thats what tennacy agreements are for . You would have alot more leverage of a case about not having cental heating than the deposit and he has to give you notice before entering the propertys and i would check if his gas certicate are up to date

im an a1 land lord but have been bitten in the past i have a dss tennent who owes me £1200 and sueing the dss is near on impossible even though he spent his checks u will find out land lords have few rights as it is. I didnt want to be a abrupt i hope u get urself sorted