Landlord's Deceit - What should I do...

danswer

I need some advice on dealing with my landlord, who is not only increasing my rent, but also trying to deceive me out of my deposit.

Just over 2 years ago, I took a tenancy of my current flat through a letting agent. I had paid 6 weeks deposit and first month's rent on signing. After signing the lease, the agent was quick to point out that they were not responsible for sorting out any problems with my flat; most importantly, putting my deposit into a deposit scheme. The landlord never gave me any information on the deposit scheme, despite me asking for it repeatedly.

A year later, the AST came to an end, and at that time the landlord and I came to an agreement to keep the same arrangement for another year. Again, I asked for deposit scheme details, but nothing came from his end, nor was a signed AST. Apparently the LL was abroad, and never got to it -- from my end I continued existing rent assuming statutory periodic tenancy.

Now, the LL has decided to increase the rent (big time), originally opening at more than 100pw. He claimed that I was underpaying for the last 2 years, and that he could get way more from the market by using an agent. Indeed, London rental prices have skyrocketed, but the initial offer was ridiculous. I did a lot of research, and looked at the market prices around my area, and finally was able to negotiate it down, but still, it's more than 20% increase.

I requested the LL send a new AST as well as the tenancy deposit scheme details. In the new AST, it states that my last month's rent would be the deposit for the new agreement, meaning my original 6 week deposit is being completely ignored! Furthermore, he's noted on the AST that my deposit is "being held by the landlord with the Deposit Protection Service". (What does that mean?) He gave a reference number that I simply could not find on DPS.

I pointed out to him that I have all documentation of my original payment for 6week deposit, and I would not be able to sign the new AST without clearing up situation with the deposit. He's come back saying that the agent had misguided him on the deposit payment, however, he still has not sent me anything about the deposit, and claims that I currently owe for 2 month's increased rent (despite not having a new AST sent to me)

Clearly, he never put my deposit in a deposit scheme, and has effectively admitted to that in writing, do I have a case? What are the possible options?

(Sigh, it's tough enough times already, having the landlord screwing you out of rent and your deposit is adding insult to injury)

Thanks, your feedback is appreciated.

-DAN

BitterAndTwisted

I don't understand: you don't need a deposit for the new agreement.

Have you checked on the DPS website for your deposit? If you can't find it on the website phone them. Did you get a receipt for it when you signed the original oagreeemnt or is there mention of the deposit having been paid on it ?

G_M

How is all this communication taking place? Friendly chats over tea? Phone calls? I hopenot.

You've been writing yes? And have a record of all the letters?

If not, write now. Enclose a copy of your original receipt showing the 6 weeks deposit, explain you've checked with the scheme and the deposit is not registered, and ask him to send you the appropriate registration number within 5 days.

This should have been done 2 years ago!

If you don't get a response in 5 days, write again saying you will start court proceedings in a further 3 working days time. That gives him ample opportunity to resolve this well-overdue issue.

The rent increase is a separate problem. What are market rents like locally? What are you willing to pay? Start looking around so that if you can't reach a compromise, you can move out.

Remember as a Periodic tenant, the LL must follow correct procedure to increase the rent, and you cannot be forced to sign a new tenancy if you don't want to.

clutton_2

if you want to stay in this property and not pay an increase in rent i would DO ABSOLUTELY NOTHING.

If the Landlord has not protected your deposit he CANNOT issue you with a Section 21 (no fault notice to quit) If you have not signed a new agreement AND he has not sent you a Section 13 Notice to increase the rent, with proper notice, you are under no obligation to pay the increase in rent.

In my view, as a LL of 12 years, you will be shooting yourself in the foot if you pursue this deposit business now, as it is very much in your favour - the fact that your LL has not deposited it in a scheme means that he cannot give you a Section 21 notice.

DONT sign a new agreement, as you will still be lawfully resident there under a Statutory Periodic Tenancy and if the landlord does not issue a correct Section 13 notice he cannot increase your rent.

Are you sure it is not in Mydeposits or TDS schemes ? phone and ask them.

You are in a Very strong position if all 3 schemes say he has not registered it.

Read your original tenancy agreement and see what it says about your deposit. Did he give you a receipt. Do you have a paper trail for it ?

danswer

Cheers clutton - I have checked DPS, but will check the others over phone. Indeed, I do have receipts and documents for everything as this was paid to the Agent, and clearly says the amount I paid for 6 week deposit, but like I said the Agent claimed they weren't responsible for putting it into a scheme, hence it must be the LL's responsibility.

Absolutely agree this have been done long ago, but after repeatedly asking and not getting any response it became a lost cause. Being an expat, I wasn't clear on all the tenancy laws in this country. I definitely feel like I've been dealt dishonestly from LL, despite negotiating with in good faith. I think I'm better equipped with knowledge, and not going to be played anymore.

Cheers
Dan

BitterAndTwisted

It's always the landlord's final responsibility in law regardless of who the deposit was physically paid to, so there can be no to-ing and fro-ing on that account.

Do nothing and say nothing as Clutton advised and please come back to this thread and let us know what happens. This is one particular landlord I'd like to see get their @rse handed to them if they're not being decent

tara.holland

hey dan,

arent landlords just a giant pain in the !!!!!

everything that has already been said is true.

send your landlord a letter stating that you want your desosit in a deposit protection scheme within the next 7 days or you will take him to court.

this will send his balls jumping back up his throat as if you do take him to court, they will (give you have evidence) make him do it and make him pay you a fine of 3x the amount of the deposit.

he cant make you sign a new contract nor can he evict you on a section 21 as he hasnt protected your deposit in the first place. if he hasnt served a section 13 on you then he cant increase the rent also.

grab him by the nuts because he hasnt got a leg to stand on.

hope it goes ok for you :0)

nikki_angel

Tara, the whole 3x deposit thing isn't accurate at all now. You really need to ensure that the info you give is correct.

00ec25

danswer wrote: »

Apparently the LL was abroad,

is the LL still abroad?
if yes then be aware that you as the tenant are legally required to deduct income tax from the rent you pay and to pay this tio HMRC yourself unless you get written clearance from HMRC not to do so

there are a lot of details details on HMRC here but the key things is you must get clearance from HMRC becuase as you say the LL does not use a UK letting agent so the liability may be on you if your LL is tax evading

of course if LL is now in the UK the above is irrelevant

G_M

00ec25 wrote: »

is the LL still abroad?
if yes then be aware that you as the tenant are legally required to deduct income tax from the rent you pay and to pay this tio HMRC yourself unless you get written clearance from HMRC not to do so

there are a lot of details details on HMRC here but the key things is you must get clearance from HMRC becuase as you say the LL does not use a UK letting agent so the liability may be on you if your LL is tax evading

of course if LL is now in the UK the above is irrelevant

HMRC (Non Resident [= overseas] Landlord Scheme)

tara.holland

its is correct thanks nikki as i have just been through the exact same thing dan is going through and unless the CAB is handing out wrong info which i doubt then maybe you should ensure your information is correct.