Can I sue my landlord?

BitterAndTwisted

What happened to the deposits of the two girls you were sharing with? Did they get their deposits back?

Nicolajennytrew

yeah they got out of the contract early and got their deposits back, after they told him that they could take him to court for not putting our money into a scheme.

it just annoys me that hes been a bad landlord and hes probably put our money into a savings account for two years and earned interest off of it

MissMoneypenny

Nicolajennytrew wrote: »

Thank you missmoneypenny, so you are saying that I could possibly sue him for not putting my money into a tenancy deposit scheme, even if he gives the money back to me this friday??

IMVHO, think you might need legal advice on whether you should take the deposit back if you intend to sue for 3x the deposit. Nearlyleagals blog has some stuff on that, but you really should take your own legal advice. This is just an internet forum.

Those landords that do get away with it in court, seem to put the money in a scheme just before court (even though they are well outside the 14 days) and then hope the court will rule in their favour because of the poor wording of the law. As I said, it is meant to be heard in the high court to decide on the law, but I don't know when.

Maybe also look on the Shelter forums? I recall one post a couple of years ago from a council, saying they still helped tenants go for the 3x the deposit after they moved out, as they didn't see why landlords should get away with the crime even though that crime was not now being committed.

If you are not use to going to court on your own, the legal liabilty cover is worth using: if you have it.

BitterAndTwisted

Nicolajennytrew wrote: »

it just annoys me that hes been a bad landlord and hes probably put our money into a savings account for two years and earned interest off of it

At current interest rates that would be about a tenner, so that's not worth getting upset about imo especially when you balance the amount of the deposit against the tens of thousands of pounds of potential damage a willful and malicious tenant could cause.

Just concentrate on getting your 400 quid back next week. if he doesn't return it you do have recourse and plenty of opportunity to cause mischief and inconvenience to him if you're so minded.

MissMoneypenny

Nicolajennytrew wrote: »

PS: The house was not cleaned when we moved in

Tenants items from before were in the house

cutlery and plates in the kitchen cupboards

a poker set in my bedroom wardrobe

a pair of boxers in a suitcase under a bed in my friends room

nothing was clean. toenails behind the sofa, pubes in the bathroom.

you name it, it was here.

But he has insisted that i clean the house to this high standard, or else i wont get my money back

in his letter he said

"I trust as you have allowed your friends and boyfriend to live in my house rent free for months you will do the decent thing and clean as instructed"

do you see why im so angry?? lol!

You are only required to give it back in the same condition you recieved it.

MissMoneypenny

Nicolajennytrew wrote: »

y
it just annoys me that hes been a bad landlord and hes probably put our money into a savings account for two years and earned interest off of it

I recall one thread on here where someone said with their landlord didn't do his reapirs: so they called their local council (private lettings) and they came round to inspect the house and found thousands of pounds worth of repairs the landlord had to do;)

BitterAndTwisted

MissMoneypenny wrote: »

You are only required to give it back in the same condition you recieved it.

True, but the OP has a written and signed acknowledgment from the LL that if certain cleaning is done the deposit would be returned, despite there being damage done to a door which they aren't going to charge for. Under the circumstances I would be minded to comply and do the cleaning as agreed.

Ankatden

Landlord is breaking the law clearly BUT if you get your money back then suggest you walk away and learn for next time and that includes insuring you have a Gas cert and Energy cert when you move in together with a full inventory signed by both parties and a copy of the deposit agreement.

Its sounds more like it is a HMO rather than a standard STA if LL is coming and going.

Landlord CANNOT decide whether you have someone over or not, if the person is staying there 7 days a week then he has a case BUT even under LHA rules a tenant can have a bf/gf stay over up to 4 nights a week without losing benefit.

What a tenant has is the right to "Reasonable right to enjoyment of the property" and an attempt by a Landlord to disrupt that doesn't get looked on too kindly in court.

My significant other is a LL and has even gotten away from deposits as often the hassle of looking after them and how much to withhold if required is just not worth the hassle, regular inspections tend to ensure work gets sorted and a statement of when rent was due and when paid is only reference that is given as its a statement of fact and pretty much will stand up to court scrutiny.

tbs624

MissMoneypenny wrote: »

Maybe also look on the Shelter forums? I recall one post a couple of years ago from a council, saying they still helped tenants go for the 3x the deposit after they moved out, as they didn't see why landlords should get away with the crime even though that crime was not now being committed..

Miss M - a "crime" is not committed when a LL fails to scheme register a T's deposit, despite the fact that it may seem like one.

theartfullodger

You are only required to give it back in the same condition you recieved it.

- err, no: Same condition LESS FAIR WEAR AND TEAR..

So, (eg) 4 year tenancy you'd expect a few marks and stains on carpets and the paintwork not to be exactly pristine...

Cheers!

Lodger