Former Landord did not return and protect deposit, can I re-claim this and rent back?

TwelveStopsThenHome

From May to November 2012, myself and my partner were living in a three bedroom house in Tipton let via a landlord. My brother in law was living there, and we took over from another tenant.

We paid nearly a £1000 deposit to him, which was never returned. On top of that, it was not protected via DPS and he had told us lies. We also had to pay £275 back to the former tenant who me and my partner took over, as the landlord withdrew his deposit from DPS. We have screen grabs of this as evidence as the balance was £700 in March 2012 and £0 June 2012.

As well as this incident, we were living in a sub-standard property where NO repairs were done. An issue with damp and unsafe electrics. This was reported to the local council, but landlord failed to act. This lead to myself accused by the landlord of saying racial abuse which was dropped by the police, after I was arrested a month before.

I was paying £240 a month rent (top-up), as the landlord made THREE seperate agreements, instead of us claiming as a family. The council saw this as an HMO and paid seperate housing benefit for my partner and his brother. I was paying cash in hand as the landlord refused to let me pay it via bank transfer.

Is there a way I can claim the rent I paid during those six months back? At the end of the day, he is a rogue landlord and I deserve to have this money back.

What would be the best action? Small claims or a proper suit as I have images of the property?

theartfullodger

You can claim anything you like - eg rent for 6 months - but I doubt you'll get that. Deposit returned would be more promising.

What actions did you take between May 2012 & now (emails, letters, recorded conversations...) with the landlord/agent to resolve the repair issues and/or deposit non-protection, and did you report the landlord to your local council??

TwelveStopsThenHome

theartfullodger wrote: »

You can claim anything you like - eg rent for 6 months - but I doubt you'll get that. Deposit returned would be more promising.

What actions did you take between May 2012 & now (emails, letters, recorded conversations...) with the landlord/agent to resolve the repair issues and/or deposit non-protection, and did you report the landlord to your local council??

Thank you for the quick response theartfullodger

I recorded a converstation with the landlord back in September, where he mentioned that he wanted money for shortfall for the council benefit! I did plea that the correct amounts were paid, which in total went over the rent of £500 pcm to £1100 pcm! This was confirmed via local council over the phone, and through a letter dated October 2012.

Re: deposit....we were told in the tenancy agreement and in a letter it would be protected via DPS. As for the balance going to £0....my brother-in-law got an e-mail from DPS that the account had been cancelled and the money withdrawn. In a conversation a week before I left the property with my landlord, he said I needed to pay £500 back to get my deposit! Bare in mind, I was moving myself and had to use this money to pay my deposit for my flat. This was for council tax...in which there was NO statement from the council we owed money as confirmed and the letter he showed me - he blocked the adress, but it was for another council in which we did not come under!

He was reported to the council in June, an inpsector came out two days later in which the landlord forced me to drop the story. I didn't, but my brother-in-law answered a call for me from him, when I was ill in bed saying that if we went to the council or a lawyer, we would be evicted. A day later, the police came round saying that racist abuse was said over the phone and that I said it to him...leading to me being arrested and ill. A month later this was dropped as there was no evidence. We went to the head office two days, and an inspector came out on the Friday. He said there was 50 violations. The landlord recieved a letter, and nothing was heard of.

Repairs were not done, and it led to arguments with him September and October toing and froing with the council.

I was receiving hassling phone calls when I was on holiday and at work. During one weekend, I recieved 15 phone calls and three voice mails from him. Police didn't want to know.

G_M

TwelveStopsThenHome wrote: »

From May to November 2012, myself and my partner were living in a three bedroom house in Tipton let from a landlord. My brother in law was living there, and we took over from another tenant.
?? means what? Did you have a tenancy agreement in your name between you and the LL? Was it a sing;e "joint & several" agreement with your brother?

We paid nearly a £1000 deposit to him,get a receipt? Or mentioned on your tenancy agreement? which was never returned. and you've done nothing since November?On top of that, it was not protected via DPS and he had told us lies.Waht lies? We also had to pay £275 back to the former tenant who me and my partner took over, if youpaid money to the former tenant, that is a matter entirely between you and the former tenant!as the landlord withdrew his deposit from DPS.nothing to do with you We have screen grabs of this as evidence as the balance was £700 in March 2012 and £0 June 2012.

As well as this incident, we were living in a sub-standard property where NO repairs were done. An issue with damp and unsafe electrics. This was reported to the local council, but landlord failed to act. so what are the council doing? Did you follow up?This lead to myself accused by the landlord of saying racial abuse which was dropped by the police, after I was arrested a month before.so this is resolved

I was paying £240 a month rent (top-up), as the landlord made THREE seperate agreements, instead of us claiming as a family.
So? If that is what yiur tenancy agreement specified, that is what you must pay.
The council saw this as an HMO and paid seperate housing benefit for my partner and his brother. What has HB got to do with anything? I was paying cash in hand as the landlord refused to let me pay it via bank transfer.if you agreed to pay cash,.... you agreed topay cash! Did you get receipts?

Is there a way I can claim the rent I paid during those six months back?
On what basis? You had a contract (tenancy agreement). He gave you accomodation and you paid rent. Where's the problem?
At the end of the day, he is a rogue landlord and I deserve to have this money back.because.......?

What would be the best action? Small claims or a proper suit as I have images of the property?

Best action is to write requesting your deposit back immediately or you will start a claim for 3 times the deposit for failure to register it in accordance with the Housing Act 2004

where he mentioned that he wanted money for shortfall for the council benefit!

what do you mean by 'council benefit'? Do you mean 'council tax'? If so, what does your tenancy agreement say about CT?
If you mean 'council tax benefit' - is this a benefit you are claining? What has that to do with the landlord?

This was for council tax.

I don't understand. You said

The council saw this as an HMO

The LL is responsible for CT in an HMO. What does your tenancy agreement say?

I was receiving hassling phone calls when I was on holiday and at work. During one weekend, I recieved 15 phone calls and three voice mails from him. Police didn't want to know.

This is harrassment - a criminal offence. However as you moved out 4 months ago, it is a bit late to pursue this really...