Landlord & rules

tommytynan123

After a view from others please.

Son + family about to move out of rented house (well have moved but havn't signed old house back yet) and LLord is known to try anything to keep deposit. Private let - no agents. Not aware of his history until installed. Because some of my money is in transaction I've been involved and have ascertained that:(I wasn't aware of these earlier and it was their first renting experience)
a. He did not use the Deposit Protection Scheme but just banked the cash.
b. There is no signed inventory
c. There has never been a gas safety certificate
I'm tempted to just say to him ''whole deposit back please'' or they don't sign house back and I cough.
How would you approach it ????
(Once we have cracked our bit I'll probably cough anyway)

Kevie192

If it should have been protected and wasn't then you have grounds to take them to court to have the whole deposit repaid, plus 1-3x the deposit as a penalty. You should ask them which company the deposit is protected with and remind them if it isn't then they will have to pay a penalty as well as returning the deposit.

The threat should be enough to get the deposit back in full!

grifferz

Your time to complain about the gas safety certificate was while you were in it; it's not a money making exercise or (meant to be) a tool for revenge, it's to safeguard your life.

Without a signed inventory the LL will be unable, legally, to deduct anything from your deposit.

Without a registered deposit, he opens himself to having to pay you up to 3x deposit if he doesn't return your deposit in a timely fashion.

Both of the above should just be a case of you pursuing the matter tenaciously - ultimately to small claims court if necessary. But it could take a little while. And if it ends in disagreement then you aren't going to get a good reference out of it.

G_M

tommytynan123 wrote: »

a. He did not use the Deposit Protection Scheme but just banked the cash.
you can claim 3 times the deposit
b. There is no signed inventory
this is to your advantage
c. There has never been a gas safety certificate
too late now really - you should have chased before
I'm tempted to just say to him ''whole deposit back please'' or they don't sign house back and I cough.
How would you approach it ????
(Once we have cracked our bit I'll probably cough anyway)

Don't understand this 'signing the house back' business. Do you mean end the tenancy? Do they want to end the tenancy or keep paying rent?

Wait till tenancy is ended, then write politely asking for the full deposit to be refunded within 5 days. Note that it is not registered as required by the Housing Act 2004 but that no further action will be taken if it is received within the 5 days.

G_M

Kevie192 wrote: »

If it should have been protected and wasn't then you have grounds to take them to court to have the whole deposit repaid, plus 1-3x the deposit as a penalty.

Severalposters have made this claim recently. Not sure where the info comes from but I believe it to be false.

The LL can still deduct arrears and damage from the deposit (if the claims are genuine of course).

And the 3 times is not certain - it is "up to" 3 times the deposit as penalty at the discretion of the court.