N208 claim lodged - landlord lying claiming I was a lodger. Need advice!

qa87

Hi there

So basically my landlord didn't return my deposit to me and charged me for damage to a wall that was already there when I moved in. I have pictures from just after I moved in to prove it. Then I found out he never protected my deposit and he started telling me 'the TDS only applies to flats not rooms'.

I put in a n208 claim against him (after much hassle!). He's now claiming I was a lodger in his house and he and his daughter lived there! His office was in one of the rooms (which i wasn't even told till i moved in - the estate agent told me 3 professional girls lived there and that the landlord lived across the road!) He did not live there and neither did his daughter. I have never even seen his daughter! 4 rooms were rented out and he used the fifth as his office but never once slept there and his stuff was not there!

His mail was sent there and he's on the electoral register as living there! I have a witness statement from 1 of the girls but she only moved in 3 weeks before I left. I have a text message from the Estate Agent saying 'The landlord lives across the road'. What else can I do / use to prove he did not live there?

Any help or advice would be appreciated as I have a substantial amount of money invested in this now.

Thank you in advance.

Guest101

Do you have a signed tenancy agreement? That's all you really need to know, even if this was a HMO, the deposit still needs to be protected.

Does the LL have a signed inventory with your signature?

Kynthia

Can you get any other witnesses such as the EA, another tenant, or a neighbour, to back up that the LL disinterest live there or confirm where the LL did live? Was the property a HMO a registered with the council, as people who have lodgers don't do this? Do you have a copy of your inventory and tenancy agreement, are they accurate? Did you pay council tax yourselves and can you get a copy of the bill with your names on and not the LL's? Did you have any utilities in tenant's names and not the LL, as resident LL usually keep gas, electric and phone in their name?

dimbo61

For £3 you can check with the Land Registry who owns the property and if there is a mortgage on the property!!!!
Now if the Landlord is getting his mail sent to the property he may have a residential mortgage ( and consent to let from his lender!!) BUT he might have forgottern to inform them that he was renting out 4 rooms. Should he have a BTL mortgage????
The MHRC might be interested in his TAX affairs as he is running a business.
Has he got Landlords insurance?, Have you seen a Gas Safety Certificate? Did you let the property/ Room via a letting agent? ARLA registered?
You can fight him through the courts for 3X the deposit but it costs money ( would you be happy to get your full deposit back? )

qa87

Guest101: I was never given or even shown ant inventory to sign. I signed a contract and the estate Agent signed it as a witness before I was given the keys. They told me they would give both copies to the landlord and then he would sign them and give them to me. I thought this was odd but I was desperate just to move in. I was doing a 2 hour commute to work each way! I have however, managed to get a copy of the contract signed by me and the estate Agent! The landlord is claiming this was given to me in error.

Kynthia: I have a witness statement from 1 tenant and the others I don't have numbe rs for or can't get hold of! They just don't reply! I had not thought of the neighbours but I didn't really know them! I doubt the property was IMO registered as he's claiming just me, him and his daughter lived there. The landlord paid the council tax and bills as it was all inclusive. I didn't sign an inventory.

Dimbo61: I doubt he's got landlord's insurance as he's claiming just me, him and his daughter lived there. I have contacted the HMRC and they say they will investigate. I contacted the council but they say they don't have the funds to prosecute him.

theartfullodger: I have spoke to shelter prior to filing my claim but they were pretty useless.

martindow

qa87 wrote: »

Guest101: I was never given or even shown ant inventory to sign.

This is in your favour. It will be very difficult for the LL to claim any damage from the deposit as without an inventory there is no record of the original condition.

dimbo61

Without a dual signed inventory the LL cannot prove you did any damage and if is up to HIM to prove this!
You need to write a " Letter before action" demanding your full deposit back NOW.
You need to put a claim against your EX LL via the small claims court for your deposit back

dominoman

What a crook! I would take pleasure in pursuing him and giving him a taste of his own medicine.

The lender and the tax man would be very interested in the situation too.

CIS

The landlord paid the council tax and bills as it was all inclusive. I didn't sign an inventory.

Unless the property was recorded with the council as a HMO or the landlord had not informed them that the property was tenanted then you should have been sent a council tax bill (stating a tenancy is 'all inclusive' has no bearing on council tax liability).

Its still worth you checking with the council to find out what was happening with the address.

geoffky

Report the scumbag to the taxman..

IronWolf

geoffky wrote: »

Report the scumbag to the taxman..

and his mortgage provider. In fact send him a letter and inform him that you are going to do this. You might find your deposit gets returned very promptly. Worth a shot.

Surely the EA will back you up that you signed a tenancy agreement and weren't a lodger?