Tenancy deposit and related issues

city4fr

Hi all,
This is my first post, so be gentle with me. I apologise if this is a somewhat confused account, but I am trying to type this in a coffee break at work, so I may repeat myself or put information in the wrong order.

I have recently (within two weeks) vacated a property after being served notice by my landlord. I was a professional who rented a room within a property with multiple other professional occupants. The landlord decided to rent the property as a whole (to a group of students, as it happens). As all tenants' contracts had passed the fixed period and had moved to a month-by-month rolling arrangement, it appeared that the notice was supplied in line with my tenancy agreement. It all seemed pretty standard, so far.

Some other tenants countered the notice by serving their own notice, as the requirement in the contracts for tenant's notice to leave is shorter than the requirement for landlord's notice for vacant possession. The landlord took these letters from the other tenants. But as I intended to stay until the end of the period, I did not give in my notice.

Before any of the occupants had vacated the property, the landlord moved two of the students into the property. I am not sure of the arrangements between these students and the landlord, so cannot conclude that this is a problem. However, I am pretty sure that they should be liable for council tax and were not paying (a contribution for which was taken by the landlord from my monthly rent).

Two of the other housemates vacated the property (with inspections by the landlord). I am unaware of any claims made by the landlord for any of the deposits to be withheld, as are they. They have not yet received any of their monies.

A third housemate vacated the property at a later date (two days before I was due to) and the vacation was overseen by a representative of the landlord. This housemate has also not received their deposit.

I vacated the property on the day requested and returned my room in the property to its original condition and cleaned all communal areas, as best I could (given they are still in use by the students). I have witnesses to this (and I have realised the students can also witness this - but I would not be reliant on them), in case of any problems.

When I vacated the house, this was supervised by the same representative of the landlord as mentioned proviously. I provided the representative with ample opportunity to inspect the room while I read the paperwork with which I was presented by them. This representative was most unhelpful, questioned my reading of the leaving forms that were presented and would not allow me time to complete the forms to include meter readings for the utilities. They stated they were in a hurry and must leave. I am unaware whether the representative inspected the room, but they were out of my sight for a good 10-15 minutes.

I handed over keys and signed a statement on the form to this effect. I was also provided with what looked like a copy of a deposit scheme certificate (see also additional information below), which the representative insisted I sign (despite the instruction at the top stating that the signature is optional). I did not sign this paper. The landllord's representative refused to sign any paperwork and would not let me take the certificate copy with me.

I drafted a letter next day with all missing information from this form and delivered the letter by hand and signed to this effect (the landlord lives very close to my new address). This letter also explained that the representative did not allow me time to complete the forms and that the house is still occupied, so communal areas will be in use. I followed up this letter a week later stating that all outstanding bills in my name had been settled (after I received notice to my new address that this was so). I thought this a matter of courtesy as well as maybe covering my back.

I am aware that since I have vacated the room (pretty much immediately), one of the new student tenants moved some of their belongings into what was my room. Therefore, this room is now occupied by the new tenant. This is also pointed out in my first letter.

One of the other housemates has since received communication (text message) from the landlord, who states they are not currently in the UK. This communication laid the blame solely with me for any delays. The landlord cited my "refusal to sign the leaving form" as reason for the delays. I point out that I did sign the form, but not the apparent copy of the deposit certificate.

I have written another letter (also delivered by hand) quoting the allegation and refuting the claims made. I cited my previous two letters, which demonstrate that I have complied with the requirements of the end of tenancy (despite his most unhelpful representative). However, since it turns out the landlord was not in the country, they probably will not have opened them and be aware of the contents.

It has been over the 10 days from request of return of deposits in all other former housemates' cases. The 10 days after my own request passes today. I was unaware of the landlord being out of the UK when I made and submitted the request.

Other information:
I have since discovered that the landlord did not pay my deposit into a scheme (over two years ago) until almost a month after cashing my cheque, which in turn was about a week after their having received it. They also did not provide me with any information relating to the deposit scheme for the whole of my tenancy (I have had to do that myself). I did originally get a receipt (unsigned), which was made out to the wrong name and was replaced after I complained by one with the right name, but wrong date (but even this date is almost a month before the deposit was protected).
I have copies of all letters, bills, communications and other information relating to my tenancy (cheque books and completed stubs, account statements, e-mails to and from the landlord from the secure e-mail server at work, etc.).


Can anyone provide some advice of how to proceed such that I will receive my deposit? Judging by the performance of the landlord with the other tenants, it seems that I may not expect to see my deposit any time soon!

clutton_2

A LL has 10 days in which to contact the tenant/scheme after a tenant has left..

if you have heard nothing by the end of the week contact the deposit scheme

city4fr

It has already been 10 days since I moved (but not since I requested return of monies) and I have had no contact from the landlord at all, even for several weeks before I vacated the property. But I will take your advice. Thank you.

(I will post a resolution, if it comes)

clutton_2

Obviously you cannot claim back your deposit until you have left and until you and the LL have come to / not come to an agreement about any deductions

city4fr

Indeed. But it is quite difficult to agree something without making contact.

city4fr

Landlord has still neither made contact, nor acknowledged correspondence from me.

Landlord has not paid other former tenants their deposits either and it has been over a month since some of them moved out. Phone contact has been made to the landord by some other tenants (on two, maybe three occasions, as far as I have been told). But the landlord is completely unresponsive to me and to five letters (two initial and one per week) that I have now posted (by hand, with witnesses).

Three other tenants are in formal dispute soon to be followed by me also, though the other monies I am owed may force me down the MCOL/county court route when I have exhausted all other avenues.

Would I be within my rights to approach the landlord at their place of business during working hours, e.g. 9-5? The place of business is also their family home, which is why I am asking for advice, as I do not wish to harrass the family and children of the landlord (only to make personal contact with them regarding this matter, as all other avenues have failed). I have made no other contact at their place of business/home other than to post the letters through their letterbox.

Is there a way this landlord can be "blackballed", other than by spreading the word locally (if it has been shown that the landlord is in the wrong on multiple occasions)?

Do the deposit schemes take note that there are multiple disputed deposits for a given landlord (in a fair and impartial way, of course)?

theartfullodger

city4fr wrote: »

Would I be within my rights to approach the landlord at their place of business during working hours, e.g. 9-5? The place of business is also their family home, which is why I am asking for advice, as I do not wish to harrass the family and children of the landlord (only to make personal contact with them regarding this matter, as all other avenues have failed). I have made no other contact at their place of business/home other than to post the letters through their letterbox.

Yes, but carefully. I'd write him another letter/email saying you plan to call unless you get a reply with xx days... if you do it try to take a witness & be calm, polite & direct. He sounds like the sort of little s**t that he might kick up a fuss see...

Administration of Justice Act 1970
, s40, ref harassment of debtors
(1) A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

Is there a way this landlord can be "blackballed", other than by spreading the word locally (if it has been shown that the landlord is in the wrong on multiple occasions)?

Sadly the ConDems decided not to go ahead with LL registration so nope there ain't much you can do, but you can contact trading standards & the local council "Private Landlord Dept" (or similar name). And tell all your friends & post his name/address here (that may be against the rules..)

Sorry to read your story.. You have the law on your side & should V likely win....

Cheers!

Artful