Problem with private landlord - Advice please

TwinMummy2be

Thanks everyone for your replies. He is coming round in the morning so will see what he has to say. I will try and be as fair as possible.

Korky I was thinking along the same lines! I have checked online and can't see that out deposit is registered anywhere so when he comes tomorrow I am going to ask him to provide me with the reference number that relates to my deposit and give him 24 hours to provide it to me. Hopefully this might just make him realise that he isn't just going to walk all over us.

Will come back with an update tomorrow once he has been, maybe more questions. That's if he doesn't cancel again at the last minute.

Thanks again.

G_M

You have been given good advice above, though it is unfortunately mixed in with some less-accurate advice, so beware!

* Notice should be in writing. It is NOT 'one month', it is one full Tenancy Period (read this post here to fully understand)

* have you got a receipt for the deposit you paid? You say you've check for registration - did you check all three schemes? (see here). Or does the tenancy agreement )contract) you signed mention a deposit (ask to see it, see below)

* when he comes round, if he continues to talk about 'paying for the bathroom, ask to see the contract, with your signature, stating you would do this as part of the contract. As suggested, even if you DID agree to this it may be hard for him to enforce

* if he threatens to withold your deposit, ask about registration and point out you can claim 3 times the deposit if he failed to register it (see Housing Act 1988 as amended by Localism Act 2011 )

Fire_Fox

Stop texting and asking verbally, start writing and get two proofs of posting as already recommended. This is not about convenience this is about having evidence to supply to the court that you asked about your deposit and showing your landlord you are serious about exercising your legal rights. Did you read the contract you signed? Definitely request a copy in your letter asking about the deposit.

As others have noted if you are in England or Wales your notice to quit is one month (if you pay monthly) coinciding with a rent period. This must be in writing and you must be able to demonstrate it arrived on time, again two proofs of posting is fine. Your pregnancy, marriage and other personal issues are totally irrelevant, keep them out of your letters and any legal action if required. Your husband should not have touched any electrics unless he is qualified and insured to do so.

Please understand most cases of mould and damp - especially in kitchens, bathrooms and bedrooms - are down to condensation which is caused by the tenant's lifestyle and failure to ventilate effectively. Do not underestimate how many pints of water we produce by breathing, air drying laundry indoors, showering and cooking, this will settle on colder spots such as on or around windows. A landlord can charge a tenant for any mould damage caused by their failure to ventilate effectively, so open windows daily year round or use a dehumidifier. In this case the landlord should refund your full deposit because he did not lodge it, but to avoid muddying the waters start opening the windows and use Dettox mould and mildew remover to kill the mould spores.

franklee

As well as protecting the deposit the landlord has to give the tenant the prescribed information. This needs to be done within 30 days or by May this year for earlier tenancies. If the landlord didn't give the tenant the prescribed information (load of stuff about the deposit protection) then he is in breach of the deposit regs.

Wyndham

Problem is, the landlord sounds as if they don't know what they are doing, so it may end up in the courts. Sorry OP for your trouble, but do stand your ground - you are in the right here and it's up to him to prove things. If you do go to court, the fact that you don't have a copy of the contract, that there isn't an inventory, and that the deposit isn't protected would all count in your favour.

But after saying that, the first recourse is to make it clear to him that you understand all this and will take action if necessary. He may then have a sudden change of mind. And get things in writing as soon as you can - that way he will again know that you are serious.

wrightk

'If you do go to court, the fact that you don't have a copy of the contract, that there isn't an inventory, and that the deposit isn't protected would all count in your favour'

In my experience with county court judges the very fact that the deposit isnt protected is enough for the judge to throw the whole case out of court in favour of the tenant.

The judge will then suggest that the LL brings any separate issues/disputes against the tenant in a separate claim

TwinMummy2be

Hi again,

Well have been sat waiting for the landlord to arrive at 10.30am again today and had a knock at the door. Little old lady standing there saying that she is the landlords Mum and he and his wife are in bed with a sickness bug!! She has been to his house to collect his children as they are too ill to have them!!

She said if he is feeling any better later he will drop the contract off. Not sure why if she has been to his house she couldn't have just brought the contract with her. Makes me wonder if he actually has it or not.

Starting to feel like someone is taking the mickey here, two days on the run now he has cancelled less than 20 mins before he was due to arrive. Yesterday he was busy and today he is magically poorly. So annoyed as I still don't have any idea where we stand and thought it would all be resolved today, as I did yesterday.

blackshirtuk

As others have said "1 rental period" notice is required so that takes you to the end of November and 1 months extra rent to pay.

Landlord holds £600 as deposit, Not protected, No inventory.

Legally he owes you the deposit (forget bathroom, tiles, window, etc)

Legally you owe him £??? for 1 months rent.

I would be tempted to move out as planned and pay nothing further, if he takes you court for the rent, counter claim for deposit.

TwinMummy2be

Evening everyone,

Am back again for more advice please!

Ok so all has escalated. After the sickie this morning to get out of our meeting he sneaked up the drive around 5pm and posted the contract through the door and drove off. He has attached a letter stating that we are in breach of the contract so he has the right to keep the deposit.

My husband called him a few minutes after he had drove away and he didn't answer. We called back around 30 minutes later and he answered. I am trying to keep this as straight forward as possible and not to bore you poor people too much so will try and bullet point my issues with what has happened tonight:

** The contract he has delivered is not the original as the signatures are obviously photocopied. This document is 5 pages long and are just paperclipped together. Only page 5 is signed by myself, my husband and the landlords wife. The paragraph concerning the replacment bathroom suite is the first paragraph of the contract. I do not believe that this is the original contract that I signed, I believe it has been changed to show this information as we would not have signed to say that we would carry out this work. Under our signatures there is a space for a witness signature but this is blank.

** We have asked him to provide the name of the deposit protection scheme that has been used and a reference number to enable us to trace our money and contact them in necessary.

** The contract he has supplied today is the first copy of this we have had. We have waited 12 months for this to be delivered.

** No inventory exists for the property. There are items listed on the contract such as fridge etc but some of the items weren't and aren't in the property ie freezer and chest freezer.

My husband tried to discuss these points with the LL over the phone and the LL told my husband to F**k off and hung up on him. Understandbly my husband was furious so I took the phone and called him back, he answered the call with a barrage of abuse. When I spoke to make him aware he was speaking to me he seemed a bit coy. He then put me on loudspeaker and his wife was also talking.

I was simply asking them to provide me with the name of the deposit protection scheme and ref number by lunchtime tomorrow. I was told that this made no difference legally as we were in breach of a contract and laughed at. His wife told me to leave them alone as they were both poorly with food poisining and wouldn't be dealing with this now. I explained again that I just needed two small pieces of information which really they should have to hand.

I told the LL that I was disgusted that he had swore at my husband and he did apologise and agree he was in the wrong but again put it down to being poorly. His wife then accused me of 'badgering' them. This was the first time I had spoken to them, other than this it had been him contacting us to arrange and cancel appointments including sending his elderly mother round to cancel for him!

I advised that I would seek legal advice and was again laughed at and told I had breached the terms of the contract and that I was a silly little girl that didn't know what I was talking about. Then again they hung up....................

Now I have no idea what is happening and no idea what to do. I am so angry that they are trying to do this and think they can speak to me in this manner.

Advice/thoughts anyone please? Thank you!

Fire_Fox

Why are you still communicating verbally with someone who has no regard for the legislation nor for contractual agreements? You need a paper trail so WRITE to your landlord - this is standard advice if you run an advanced search.