Dodgy Landlords & Deposit Protection

doug3101

Hi,

Sorry this is a bit long but here goes-

We have given notice on a property and we are moving out in a couple of weeks, this is down to damp problems we experienced and the LL's inactivity regarding our issues. I also think that the LL knew there was a damp problem and tried to cover it up before we moved in about a year ago. She has always claimed that the damp and mould that has appeared is down to condensation and there has never been any problems with the property previously. A claim the previous tenant does not support.

When we moved in we paid 1 months rent (£850) plus £1000 deposit. This was negotiated down from 1 month upfront, 1 month deposit and £1000 damage deposit.

After we handed in our notice and had it accepted, I was contacted by the LL by e mail to arrange for her to look round the property. I confirmed a time by return e mail and requested that the LL bring details of what scheme our deposit was protected in (I had text her some months before asking if our deposit was protected and if not could she do so. She agreed to protect the deposit after an exchange of text messages). I also said that I would be contacting the local Environmental Health office to see if they could support her claims of the mould and damp being due to condensation. I also stated that I would be disappointed if I found I was being mislead in any way on any subject. During the arranged visit the LL left shortly after arriving, her husband spoke with us to arrange the handing over of keys etc on our final day. I had to take a call and moved to another room, at this time the LL's husband said to my wife that the LL had to leave due to her being upset by the whole experience and my 'abusive' e mail. I was stern but in no way abusive. Nothing regarding deposit protection was mentioned although the LL's husband said our £1000 would be deposited in our account on the Monday after our Saturday move out.

I know that there is a law stating that tenants who do not get their deposits protected can sue for their deposit and three times the amount in compensation. I am not after a pay out, and I don't believe it is as easy as just turning up to court and getting all this cash from an errant LL! I would like to know if there is any course of action I can take to make sure future tenants of the LL are not treated as poorly as us (and apparently the tenant before us) And also she is forced to protect deposits for her new tenants.

For the record, our LL is very high up in the planning department of our local County Council, someone who should know better I feel. Personally I think she comes across as a very rude and abrupt person although to be fair I had a tenancy agreement with her not a friend request!

I know the last tenant also said the LL was very inactive, two visits in five years apparently. Also she said that her kids did do some cosmetic damage to the property with felt tips. When the final inspection was made the LL was furious and kept going on at her to the point that the previous tenant told her to just keep her £850 deposit. No carpets were changed before we moved in, you could still see some faint pen marks on them and the walls are washable wallpaper.

As I have said I am not looking for a payout from this odious woman, we have lost possesions due to damp to the value of a couple of hundred pounds and (a bug bear of mine and probably many MSE's but a neccesary evil at this time) paid money to a letting agent. We have now got a property that is £100 a month cheaper so that kind of weighs itself out.

I really think that landlords like this should be forced to change their ways. The crowning glory was that we have just been told that our reference check through a private company on behalf of the agency we are now using has 'failed' purely due to comments made by our soon to be ex LL. Luckily the agency has chosen to ignore this as I had explained that things were not ending on amicable terms and took in bank statements proving I had paid rent C/tax and bills on time.

I am also wondering what to do if our deposit is not repaid three days after our move out, as promised. In a conversation with the LL's mother (who lives next door) we have been wished good luck with getting our deposit back as her daughter is skint and mortgaged up to the eyeballs. How long should I leave it before taking action? I don't want to be firing off a letter on the Monday threatening action only to find it has been paid the day after.

Thanks for bearing with me!!

BitterAndTwisted

You will fail to get a penalty imposed of three-times the deposit amount since a recent high court ruling made this unlikely/impossible to achieve once the tenancy has ended.

Was there a dual-signed inventory listing the condition of the property and all its contents at the start of your tenancy?

doug3101

Thanks for your reply.

There is an inventory but it only lists items such as meters and carpets etc. it does not mention the condition they were in at the beginning of the tenancy, I am told that this is not too much of a worry because we can get a statement from the previous tenant as to the condition and apparently we could use the non protection of deposit issue should she try and keep any money. Something about being unable to use the arbitration system in place there.

Like I said previous, I'm not interested in a payout, I just want my money back and some kind of assurance that this landlord is brought to bear before the next tenant moves in and the cycle continues.

jjlandlord

doug3101 wrote: »

There is an inventory but it only lists items such as meters and carpets etc. it does not mention the condition they were in at the beginning of the tenancy, I am told that this is not too much of a worry because we can get a statement from the previous tenant as to the condition.

It's for the landlord to prove damage so it'd be for him to try to convince previous tenants. This would not necessarily be in your interest.

Currently there is no proof a initial condition, so stick to your guns and request full deposit back.
If landlord does not back down, your only option will be to sue for the money.

glitter123

I was very surprised to find out last week that it is possible for a LL to protect the deposit retrospectlively with the custodial scheme in order to allow the T to use the dispute arbitration service.

BitterAndTwisted

Yep, if an ex-tenant decides to go to court the landlord is able to register the deposit immediately before the hearing and wave the confirmation paperwork. Once registered the tenant can then decide to go through the scheme's arbitration process, then it becomes proof-based decision rather than a landlord appropriating the money because they think it's their's to do with as they wish and not the tenant's.

jjlandlord

BitterAndTwisted wrote: »

Yep, if an ex-tenant decides to go to court the landlord is able to register the deposit immediately before the hearing and wave the confirmation paperwork.

If T sues for the deposit back after the tenancy has ended this would not stop the court proceedings as using the arbitration process of the deposit scheme is not compulsory: T believes he is owed money and court will hear the case.

doug3101

Thanks all for your comments.

I think I will be posting a letter to the LL (recorded delivery or 'signed for' possibly?) politely stating that I am aware that our deposit was not protected and I would like my £1000 deposit bought to the property in cash on the day we end our tenancy and hand back the keys. I did give the LL all up front monies in cash so I think I should be extended the same courtesy.

I will use the angle that if everything is finalised on the day then there is no room for error or future contact. We both walk away and thats that.

The only thing I am wondering about putting in the letter is if she fails to pay on the day as I have asked, should I also insert a paragraph threatening court action if she does not pay up or just wait and see?

One other thing. I find it astounding that it seems there is not one single body that a tenant can report dodgy landlord to. I phoned the DPS and they said they were just people who hold the deposit and have no legal clout, I phoned our local council and they said they can do nothing. How can it be right that LL's and LA's are allowed to demand credit references, character references and references from previous landlords (that as I have found out can be used as a tool for revenge) But if I asked a LL for references from previous tenants as to their professionalism and records that they protect deposits I would probably get a mouthful of abuse!

Also why is protecting a deposit the responsibility of a LL or LA?
If a tenant Has a deposit then why can't they secure it and provide the details to the LL and give them the right to claim if needs be. kind of like the system in place but the other way round.If a LL says they would prefer a cash or bank deposit then alarm bells would obviously start ringing.
It would be easier because then when someone gives notice, the soon to be ex LL could declare wether they intended to claim on the deposit say 14 days before the tenancy ending (this would obviously not be cut and dried untill the final day). if not then the deposit could then be directly transferred to the new LL. SIMPLES!!

glitter123

doug3101 wrote: »

It would be easier because then when someone gives notice, the soon to be ex LL could declare wether they intended to claim on the deposit say 14 days before the tenancy ending (this would obviously not be cut and dried untill the final day). if not then the deposit could then be directly transferred to the new LL. SIMPLES!!

How coulld the landlord make a judgement 14 days before the end of the tenancy? They need to see the condition of the property when its vacated.

Any good landlord woud provide references if asked, so there's no reason you shouldn't ask. If they refuse then the best thing to do is walk away and don't rent from them.

I don't actually like the system where the LL gets to keep the deposit in their account (providing its protected by one of the insurance backed schemes). I think the tenant should be the one who decides which scheme is used.

glitter123

glitter123 wrote: »

I was very surprised to find out last week that it is possible for a LL to protect the deposit retrospectlively with the custodial scheme in order to allow the T to use the dispute arbitration service.

I meant in a situation where the LL has failed to have the deposit protected for the duration of the tenancy and this has only come to light after the tenancy ended. I think in this case there should be a penalty for the LL for not adhering to the rules.

Yorkie1

doug3101 wrote: »

Thanks all for your comments.

I think I will be posting a letter to the LL (recorded delivery or 'signed for' possibly?) politely stating that I am aware that our deposit was not protected and I would like my £1000 deposit bought to the property in cash on the day we end our tenancy and hand back the keys. I did give the LL all up front monies in cash so I think I should be extended the same courtesy.

I will use the angle that if everything is finalised on the day then there is no room for error or future contact. We both walk away and thats that.

The only thing I am wondering about putting in the letter is if she fails to pay on the day as I have asked, should I also insert a paragraph threatening court action if she does not pay up or just wait and see?

Firstly, have you actually checked the 3 deposit schemes to check that your deposit has not been protected? If not, do so first.

I would keep any contact simple. Don't send the letter RD as it can be refused. Send it through the ordinary mail but get a certificate of posting.

Personally I'd be pressing for the LL to protect the deposit as required by law. If things are already bad between you, I think you may be optimistic about getting your money back - particularly given the previous T's experience.

I wouldn't make threats about court etc.