Landlords threatening to sue, clarification needed.

pretzelnut

We rented a house from december 2009 until september 2010. We ended our tenancy earlier after seeking legal advice.

We moved out after countless problems, we were promised things verbally but they never confirmed anything in writing, (mould, damp, no heating etc etc, it was a newly refurbished property done very cheaply and badly) we emailed all our problems to them but nothing was ever resolved, we were just fobbed off.

Our landlords business is registered in England but the property is located in scotland.

I checked with all the companies and our deposit wasnt protected with any of them? Do they have to protect our deposit if they are in england and we are in scotland?

They are also not registered with the local council as being landlords which we wrote to them several times about but again they havent done anything about it. The council even worte to them, telling them tha they had 28 days to register or face a fine, 3 months later and there still not registered.

They refused to give us our deposit back.

This morning i recieved a letter stating that they intend to sue for damages relating to all the issues we had with them saying that we have left the house filthy and damaged.

But unbeknown to them, on leaving as they were unavailable to check the house when we left, I had a solicitor come and have a look at it, (he's a rental and mortgage solicitor, so knows his stuff) just so he could see for himself all the problems we had, as I expected this to happen from them as they have a reputation of doing naff all in the houses. They wait till tenants leave then hound them through the courts.

My solicitor is away this week, so i cannot ask him etc, but id like to get a head start on compiling evidence to defend ourselves and couter sue, if necessary.

I have already provided my solicitor with all the email communications, but its gonna be impossible to prove the verbal communications we had. The ex landlords were very clever at doing this. I have photographic evidence of all the problems.

I just wanted to know if they had to protect our deposit?

theartfullodger

There is no rent deposit protection scheme in Scotland (Yet).

See here for good advice

http://scotland.shelter.org.uk/getadvice/advice_topics/paying_for_a_home/deposits/problems_getting_your_deposit_back

Also check he/the property is registered (if not fine/maybe criminal offence)
http://scotland.shelter.org.uk/getadvice/advice_topics/paying_for_a_home/deposits/problems_getting_your_deposit_back

Other useful sources of info here...
http://www.landlordzone.co.uk/forums/showthread.php?32525-Sources-of-useful-information-Scottish-law

He may be just threatening legal action: Nothing to stop you issuing small-claims court action for return of deposit:

He sounds like a right crook..

Hope it works out

Artful

pimento

Not IRD Homes by any chance?

J.Steve

I have had many issues in the past with landlords attempting (and succeeding!) to take my deposit at the end of an agreement. Very frustrating and makes you feel anxious towards the end of contracts. :mad:

I have just started using propertycopy.co.uk and they take photos and info about the accommodation and provide the evidence in a pack for myself and my estate agent. Good service, although i am not sure they operate that far north. Worth a try though to stop it from happening again!

pretzelnut

My landlord is not an idividual but a massive company.

Many people have told me that they dont look after their houses or tenants, they dont invest money in their upkeep but wait for yout o move out then blame every little thing on you then chase you through the courts. That is how they make their money.

Ive spoke to several local tradesmen who have done emergency repairs for them and they still havent been paid a year down the line.

Im not worried, they can threaten me all they like, they have met there match with me, im not gonna roll over and give in to their cowboy demands.

tbs624

princesswoo - it's where the rented property is situated that counts , not where the LL's company address is so ,as Artful says, no deposit reg required. Your only option for deposit recovery is to proceed to the Sheriff Court

Plug away at the local Council re the LLs non-registration and involve your local Councillor/MP if necessary. It is quite simply an offence for a LL not to register and cases where Scottish LLs/LAs flout the law need to be highlighted.

You may also find it useful to look at the info here on LLs repairing obligations

helen25

princesswoo. we are in the same situation as yourself. we lived in a house in scotland from march 2010 till start dec 2010, at which point we moved out, due to our landlord.
reasons were oil tank leaking despite them knowing they did not fix. the oil tank was not in a safe, and fire proof condition.
on top of all this our landlord was not registered (dispite us informing her this was the law in scotland) our lease was not legally set out (we asked them to do this) and various other things.
once we moved we started recieving threatening emails and phonecalls stating she was going to sue us. she has tried getting our new details from our old work, she has gone to the police i believe also.
was just wondering how you got on as you said you left your teneancy early too, and landlord was trying to sue for house damage. (our landlord says we damaged too, but the house was clean and in the same standard as to what we moved into when we left) she also had no inventory list (another thing which WE asked to be completed!!!)
have you heard anything from your old landlord yet?

olly300

helen25, there are various harassment laws you can use in Scotland so I suggest you find out what they are and be prepared to use them if this individual continually harasses you.

For a start if your landlord emails or rings you again tell her that harassment is an offence and you will report her to the police.

The landlord is allowed to tell you they are going to take you to court, ask for the money in writing then start court proceedings but continual threaten to take you to court without starting proceedings is harassment.