Landlord keeps stonewalling over deposit

MrChips

I am checking with the other residents at the time my girlfriend was staying there to see if any of them are aware of this "tenant's copy".

I wouldn't be surprised if he never got it done, he is always happy to cut corners.

Assuming he didn't, then I'll get each of them to confirm in writing they never saw it, and that they suspect he didn't get it checked while they were there and get it added to the evidence pile. Then he'll either have to produce the certificate or look very foolish/criminal in the court

icefall

Just come across this thread and read it all the way through.

I have had my fill of greedy landlords in the distant past.

Well done on your sterling work so far in gathering evidence, this landlord sounds very dim, glad to hear he is now being prosecuted by the council, sounds like he is mega greedy, if he did not declare the house as multi occupied.

I wish you good luck!

clutton_2

the CORGI inspection paperwork has three copies - one for the gas engineer , one for the landlord, and one for the tenant and each one says who it is for.

Guy_Montag

As part of the HMO legislation is the LL not required to be a "fit & proper person"? I presume someone who has convictions for gas safety violations would not be considered a fit & proper person? Here's hoping anyway.

clutton_2

if he is running a HMO he will have to fulfil the licensing criteria, which includes him providing a police CRB check on himself as well - but dont get sidetracked with all these other issues - stay focussed on the items in your claim.

MrChips

Don't worry, we are very focussed. We've already submitted our evidence which didn't feature any of this. It's just with a potential 3 or so more months to wait until a court date, we are looking into some of these other issues. I can't see a judge siding with a guy who doesn't even get the gas checked

MrChips

Time for another quick update.

Things don't seem to move very quickly when it comes to small claims. No news on a court date as yet. However, we did get a letter through the post saying a judge had looked at our claim and that we would need to fill in ANOTHER form in order to get the claim put into the names of all three claimants rather than just the one "officially named" claimant as it is at the moment.

This is extremely frustrating. First, we tried to get three names on when we filled in the original online form, but there wasn't enought space in the box. Then when we returned the forms that arrived in the post back in August, we clearly crossed out the adressee and put all three names in its place and changed all "I" references to "We". Then back in November we got a letter and form saying we would need to apply officially to get all three names on the claim. This we did (and paid £40 for the privilege) and now it still isn't right!! I even took a morning off work to go to the court to talk someone step by step about how to fill in the form back in November absolutely correctly....deep breath.

Even more annoying is that apparently even though the November form has proved to be a waste of time, we can't get that £40 back. We even have to pay another £40 when we submit this new form (and according to the chap on the phone it will be £40 for each of the 2 new applicants)!

Oh well, I am working on the philosophy of the more legal fees we rack up, the higher the bill for the landlord when he loses

While we are waiting, we are still trying to accrue more evidence. I have managed to track down the girl who took my girlfriend's room after she moved out and have managed it thanks to facebook! Hopefully she will give us some good ammunition we can submit to counter his claim he was cleaning until 10pm on the night she moved in.

I am also trying to get something in writing from the council about how he didn't license the house as a HMO. Despite two chasing emails, still no response. I guess I'll have to get them on the phone.

The landlord has finally given the third flatmate a breakdown of the partial refund he got. We will submit this too. It includes a deduction for undisclosed "household replacements". However the court has confirmed to us that he hasn't submitted any evidence himself.

Anybody got any good ideas about what else to do while we wait for a court date?!

clutton_2

the landlord will not be able to submit evidence at the court hearing which he has not previously sent to both you and the court.

now that i have re-read this whole thread, i recall that you do not have an inventory. i believe that if you dont have an inventory then all deductions are illegal - as the LL cannot prove (and neither can you) what was the condition of the property at the beginning of the tenancy.

You need to focus on the deductions from your deposit - THAT is your case - dont get too caught up with other extraneous stuff.

bw

MrChips

Update time again J

We submitted a form for each of the two people to be added to the claim, as well as two cheques for £40 each….which were promptly returned with a letter saying the court couldn’t see why we had submitted two forms!!!

So…we put both names on one form with one cheque for £40 and sent this back. This was cashed in early March and……we now have a court date of 29 April!

Quite excited now…I have suggested the three complainants and I meet up shortly to reacquaint ourselves with the facts of the case given the length of time which has passed so far (they all moved out over a year ago!) and so we can check a few last minute details, check we have submitted all the evidence we want to, check with the court that the landlord still hasn’t submitted any evidence etc…

Any hardened claimants out there with any suggestions for what we should be doing to prepare over the next three and a half weeks?

Thanks J

Loretta

MrChips wrote: »

Update time again J

We submitted a form for each of the two people to be added to the claim, as well as two cheques for £40 each….which were promptly returned with a letter saying the court couldn’t see why we had submitted two forms!!!

So…we put both names on one form with one cheque for £40 and sent this back. This was cashed in early March and……we now have a court date of 29 April!

Quite excited now…I have suggested the three complainants and I meet up shortly to reacquaint ourselves with the facts of the case given the length of time which has passed so far (they all moved out over a year ago!) and so we can check a few last minute details, check we have submitted all the evidence we want to, check with the court that the landlord still hasn’t submitted any evidence etc…

Any hardened claimants out there with any suggestions for what we should be doing to prepare over the next three and a half weeks?

Thanks J

So you have issued your summons has your Landlord said he wants to defend and if he has does he not have to do it by a certain date and has he done this?

Also he should give the reason he want to defend so you can see what he is going to say and like clutton says that is his defence and he can't go to court and change his mind or add other things. Like clutton says it looks like and open and shut case, no inventory nothing to argue about

Good luck and keep us updated, this all helps other people a few steps behind you