Help with dodgy landlord

Penny_Whistle

We are currently renting from a private landlord, who we have always suspected is a little dodgy. Right from when we moved in he has requested our rent in cash - to which we agreed, thinking it was slightly weird but would be fine as long as we always obtained a receipt (which we have done). He also gets most of his mail delivered to our property - bank statements, cheque books, the lot. When we moved in, he arranged for us to collect the keys from the previous tenants - which we thought was laid back to say the least - we could have been anyone.

All this was fine at first - we love the flat and area and none of the above really bothered us. That is, until a while ago when there was a buzz on our intercom. There was a couple at the door looking for our landlord on behalf of their daughter and her flatmates, who had recently moved out of another of our landlord's properties but had not yet had her bond returned. They were very concerned when our landlord would not accept their calls to his mobile (both we and they only have his mobile number) so they had driven all the way from Wales to try and find him. They had come straight to the address our landlord had said he was living at, which was... our address.

This worried us. Were we ever going to see our bond again when we moved out? Our concerns deepened when we realised that their daughter had moved out of the very address that our landlord had told US he was living at. The couple went away feeling deeply frustrated and we were left incredibly worried.

We are moving out of our flat in 2 months' time. What should we do? Our bond is a month and a quarter's rent, so we can't just withhold our last month's rent - it would have to be the last 5 weeks, in which case we'd have to tell him this the next time he comes to collect our rent. If we tell him this, we'll still have to live there for another 8 weeks - would this be a problem? Would this be enough time for him to take us to court? The flat is in the same condition it was in when we moved there but there are some snags from the previous tenants that we didn't include in an inventory, so we could never prove that we didn't do them - even though we made him aware of them at the beginning of our tenancy. And if we put the 5 weeks' rent in a tenancy deposit protection scheme it may just rile him and cause him to deduct the 'snags' from the deposit.

We have also wondered about paying right up until the end of the tenancy, then asking him to meet us at the flat on the last day, we can go round the flat together to assess it - and we will hand him the keys when he's handed us our bond. However, if this backfires, how would we contact him? He clearly doesn't live where he's told us he's living and from the couple's experience, we know he won't answer his phone to people he know are looking for him. And, of course, he could just not turn up, change the locks, then keep our bond as payment...

What should we do? He is an independent landlord without an agency, so we have no one but him to fight. But if we can't find or get hold of him, what on earth do we do? All advice very welcome...

real1314

Do you have an address for the landlord?

If he hasn't given you his actual address, then he hasn't got an enforceable tenancy with you. It's a primary requirement in law.

No tenancy agreement means he can't enforce payment. He can't sue you for the rent. In that position it might be a sensible move to keep your rent back to cover the deposit.

And you might want to let the tax man know about the rent you (and others) have been paying.

PROFESSIONAL_LANDLORD

That's the reason the Deposit scheme has been set up ! for muppets like him.

Don't suppose you have contact details of previous tenant, to check if they got their money ?

I would withhold the rent (5 weeks) If he came calling tell the mug" that a terrible thing happened ,and your wages were arrested for back council tax and you don't know what your going to do " stall him, tell him things will be sorted in a couple of weeks, and keep stalling him, until you leave.

It takes months to take a tenant to court ( unfortunately LOL )

And yea drop a letter to Inland Revenue, if their busy with him ,it will keep them off my back.

Wings

This landlord has a considerable amount to loose, and whilst I agree with the previous two posters, I believe it would be wrong for you to give the landlord any indication that you are on to him. If I were in your position I would withhold the last months rent, collate information on the landlord, previous tenants and any callers. If then you do either have problems with the landlord or choose to inform on him to HMR&C, then that his carried out without the landlord's knowledge. Lastly when vacating the property I would have the mail redirected, inform all contacts of your new address and leave for the landlord no forwarding address.

master_blaster_2

id keep details of his banks and any other info that could help the inland revenue trace him.
if he gets uppy you can let him know thats what you intend to do
but i would agree with wings if you can leave with as little agro to yourselves as poss then rat on him

black-saturn

Have you got a tenancy agreement? The landlords address and/or agents address should be on that.

As for 5 weeks being enough time to take you to court. He can start court proceedings as soon as he wants and you might be moved out and living somewhere else by the time the case goes to court. The case will only get dropped if he drops the case and you can still end up with a CCJ even if your moved out and happily in your new address when the case goes to court.

franklee

As illustrated by EagerLearner's thread you need an address for the landlord at which you can serve notices if you want to go to court to claim your deposit back. Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served.

http://www.landlordzone.co.uk/landlord's_address.htm

http://forums.moneysavingexpert.com/showpost.html?p=3608848&postcount=773

http://forums.moneysavingexpert.com/showpost.html?p=3613666&postcount=779

In addition I'd say is up to every tenant to double check they know who they are handing significant amounts of money to, I always check the landlord out. Buy the land registry entry for any address you have for him to see who owns what property. Search 192.com, electoral roll, companies house etc etc for him.

Clearly you don't have a valid address so he can't collect the rent. Withhold the amount of your deposit. Swap information with any other tenants of his you know of. Ask the tenants at the address you've been given what they know. Check what address they have for the landlord. Report to the police that your rent has been collected illegally.