Landlord breach of contract

Tennant

Werdnal wrote: »

The landlord has been receiving earning from this country whilst residing aborad - your rent is classed as LL's income and should be taxed at source if he has not registered someone else in England/Wales to handle his tax liability for him.

Contact the deposit scheme and lodge a dispute if he tried to take more than you feel he is entitled to.

Thanks for the info Werdnal :beer:

Tennant

squeeks wrote: »

If your main concern is related to the loss of your deposit, rather than compensation through a civil action, then you should have sufficient evidence to present to the deposit protection scheme (the deposit is in an approved deposit protection scheme isn't it? - the major schemes allow you to check, if you are unsure.)

The dispute services for the deposit protection schemes are fairly pragmatic. So request all of your deposit back, if the landlord asks to withhold any of the deposit, respond appropriately addressing only the specific points raised by the landlord. You don't need to wax lyrically about your views on how they have manage the property.

If the landlord does want to keep some or all of the deposit, the deposit scheme will want evidence of you acting in a tenant like manner with respect to the property. If you have copies of letters that you have sent and the date you sent them - possibly some photos, you should be fine. Failing that, just your side of the story can be sufficient.

You really don't need to raise a counter claim as such. It is your money, you haven't done anything wrong with the property and simply want your deposit back.

The deposit is held by an official deposit scheme but its the fact that i feel the landlord is trying claw back money to line their pocket for something that is nothing more than fair wear and tear. New tenants moved in the following day after i checked out so as far as im concerned and the fact that 2 years on none of the issues i had raised were rectified i believe the money would not of been spent on the property ie. repainting. As a tenant i have been more than reasonable in living with the issues that should of been addressed by the landlord, unfortunately thats my nature.

The over payment i made in rent i believe is 100% mine and that she cant try and deduct anything from it as its a seperate issue. I dont want to take civil action i just want what is duly mine back (deposit + overpayment in full) but i just want to know where i would stand on a civil counter claim regarding her breaches of contract so i could re coup any monies deducted unfairly from me.

anselld

Much as I agree that the LL has behaved very badly, "my daughters hand marks, other day to day marks etc" do not class as fear wear and tear. You can still dispute the level of deduction based on age and expected life of the decoration; this is a more likely defence than fair wear and tear.

You are entitled to the return of any overpayments.

The other access, repair and maintenance issues are not relevant now that you have left the property.

Tennant

squeeks wrote: »

If your main concern is related to the loss of your deposit, rather than compensation through a civil action, then you should have sufficient evidence to present to the deposit protection scheme (the deposit is in an approved deposit protection scheme isn't it? - the major schemes allow you to check, if you are unsure.)

The dispute services for the deposit protection schemes are fairly pragmatic. So request all of your deposit back, if the landlord asks to withhold any of the deposit, respond appropriately addressing only the specific points raised by the landlord. You don't need to wax lyrically about your views on how they have manage the property.

If the landlord does want to keep some or all of the deposit, the deposit scheme will want evidence of you acting in a tenant like manner with respect to the property. If you have copies of letters that you have sent and the date you sent them - possibly some photos, you should be fine. Failing that, just your side of the story can be sufficient.

You really don't need to raise a counter claim as such. It is your money, you haven't done anything wrong with the property and simply want your deposit back.

[edit]
Sorry, just read one of your above posts. If the landlord doesn't raise any objection before the deadline for the deposit protection scheme, yes, you get the money back, no questions asked.

Regarding tax. As a tenant if the landlords address is outside of the uk and a few other conditions, such as the rent being over £100 per week, you need to follow the non-resident landlords (NRL) guidelines -
Deductible expenses might be of interest, as repairs and maintenance come under this category.


Regarding GSC, yes it is the landlords responsibility, but if one isn't in place then it is your life at risk. The landlord may be ultimately culpable, but that is of little comfort really in the grand scheme of things. So it should have been reported to the landlord and in turn to the authorities as and when it became overdue.

A lot of this is academic now you have left the property...
[/edit]

Thanks for the links and info squeeks i'll have a look at those.

I totally agree with yourself and theartfullodger's views regarding the boiler, even though it was a brand new boiler and heating system i took the precaution of getting a carbon monoxide detector.

I was under the impression a signed contract by both parties is legally binding and if breached could result in legal action regardless of when the breaches occured?

theartfullodger

Very good, perfectly fair position: But you are taking (or thinking about..) taking action 3 years too late IMHO..

Tennant

anselld wrote: »

Much as I agree that the LL has behaved very badly, "my daughters hand marks, other day to day marks etc" do not class as fear wear and tear. You can still dispute the level of deduction based on age and expected life of the decoration; this is a more likely defence than fair wear and tear.

You are entitled to the return of any overpayments.

The other access, repair and maintenance issues are not relevant now that you have left the property.

I have to dissagree with you as you cant expect a house especially with cream/white walls to stay pristine over the course of 3.5 years. I dont mean dirty hand prints its just a build up of marks that are of every day life, more so if like me you have 3 children (Probably not explained that very well as its hard to convey). I cant think of any one property i have been in that doesnt contain every day marks be it marks from furniture or children. Im quite sure the rent you pay would factor in a small percentage for this anyway. As i said before they are marks not holes, scuffs or gouges which i would accept as damage.

Its not so much maintenance/repair issues in question, well they are but its the breaches of contract that im interested in and as stated in my other replies a contract is legally binding and regardless of when the breaches were made still constitutes to possible legal action?

Tennant

theartfullodger wrote: »

Very good, perfectly fair position: But you are taking (or thinking about..) taking action 3 years too late IMHO..

but its not 3 years too late? the breaches continued through the tenancy and up to the 20th Dec 2012 when the landlord let themselves in the property without a valid reason other than to have a look around without gaining prior consent from me whether be verbally or with 24hr written notice as the contracts states.

As previously mentioned civil action is a last resort as all i want is what is duly mine.

newsgroup_monkey

As someone above said - it would be very costly, you're unlikely to get much out of it and now you are out of the property, no good would come of it.

As someone who is about to move out after 5 1/2 years, you only get one opportunity to clean and put right stuff. After that, it's in the lap of the gods.

I'm not even sure a court would be interested in sour grapes either.

Tennant

newsgroup_monkey wrote: »

As someone above said - it would be very costly, you're unlikely to get much out of it and now you are out of the property, no good would come of it.

As someone who is about to move out after 5 1/2 years, you only get one opportunity to clean and put right stuff. After that, it's in the lap of the gods.

I'm not even sure a court would be interested in sour grapes either.

Thanks for your reply monkey but if you would of seen the post above you would of seen it has nothing to do with sour grapes?? Its getting back whats rightfully mine and that any other action is a last resort. You would of also seen that the breaches of contract carried on up till the day we were moving out (20th) so how can that be to late to take action especially when you take into account the christmas period?

Legal action may well be costly which is why im asking my questions now?! before i go any further....

Werdnal

Tennant wrote: »

I have to dissagree with you as you cant expect a house especially with cream/white walls to stay pristine over the course of 3.5 years. I dont mean dirty hand prints its just a build up of marks that are of every day life, more so if like me you have 3 children (Probably not explained that very well as its hard to convey). I cant think of any one property i have been in that doesnt contain every day marks be it marks from furniture or children. Im quite sure the rent you pay would factor in a small percentage for this anyway.

Not quite so. A tenant has to return the property in equal (or better) condition than when let, and scuffs, finger marks, handprints on walls even in high traffic spots are not usually just wear and tear. If your every day life has left its mark on the property, and you could have cleaned or repainted the dirt/damage, then you had the option to put it right at your cost and no labour charge, when the LL will likely employ professionals and stick you with the bill.

However, it all comes down to whether the LL had a full and thorough inventory to prove start/versus end condition, and the deposit service or court (should it get that far) find in the LL's favour.

The lack of GSC etc which you are trying to claim for after you have left the property, whilst maybe breaching the contract, no longer apply as that contract has ended. There was no loss or injury to you or your family, so bringing a claim at this late stage is very likely to fail, as you cannot claim for losses that did not happen! The time to make a fuss over this was when you were living there and the possibility of such loss or damage was still applicable to the ongoing safety of your home and family.

Its a bit like saying you were nearly run over today - you cannot claim for the loss of "nearly" being injured from the driver - you can report them to the authorities to help prevent their carelessness and neglect causing an injury to someone else, but you had no loss from nearly being hit, so cannot be reimbursed anything as a consequence.