We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Landlord problems and our deposit protection
Huntlee
Posts: 23 Forumite
We have been renting from our landlord since 2007 and have had a number of problems. We are now being asked to leave at the end of January which we are more than happy to do, even if it means moving in with my parents for a short time.
We have asked him for a number of things that he cannot or will not provide. He never provided gas safety certificates when we moved in or indeed until August 2009. We asked him to carry out repairs, which in the case of the boiler took nearly 5 months to complete. This was from August over the Christmas period and was fixed on New Years day, during which time my wife was pregnant with our first child.
We recently asked for proof that our deposit was held in an approved scheme and had been since we moved in. He provided a certificate today to say it was paid into one in May 2012 but nothing for before that. The certificate he gave us was unsigned by us, but he has asked that we sign and return it, which we are unwilling to do at present.
Am I legally entitled to know where my deposit was prior to this time? I have asked for a copy of any/all correspondence he has sent to us and he is getting legal advice on whether he needs to do this.
My intention is to take legal action should he be liable as I believe he is the worst ll I have had in 17 years renting. Most of my rental experiences have been very positive for both parties.
We have asked him for a number of things that he cannot or will not provide. He never provided gas safety certificates when we moved in or indeed until August 2009. We asked him to carry out repairs, which in the case of the boiler took nearly 5 months to complete. This was from August over the Christmas period and was fixed on New Years day, during which time my wife was pregnant with our first child.
We recently asked for proof that our deposit was held in an approved scheme and had been since we moved in. He provided a certificate today to say it was paid into one in May 2012 but nothing for before that. The certificate he gave us was unsigned by us, but he has asked that we sign and return it, which we are unwilling to do at present.
Am I legally entitled to know where my deposit was prior to this time? I have asked for a copy of any/all correspondence he has sent to us and he is getting legal advice on whether he needs to do this.
My intention is to take legal action should he be liable as I believe he is the worst ll I have had in 17 years renting. Most of my rental experiences have been very positive for both parties.
0
Comments
-
What do you want to achieve, do you want to leave ASAP or hold out till when you have been officially told to leave?
Have you been issued with a Section 21 or Section 8 notice?
What will you achieve by getting a gas safe certificate for 2007-2009?
Taking 5 months to fix a boiler is not very acceptable, assuming you complained at the time.
If you haven't signed the deposit scheme, then he cannot issue you a Section 21 notice to evict you, so he would need to issue a S8 with a suitable ground or go to court (costly). I do not think you legally need to know where the money was from 2007-2012, what would you gain from knowing it was in a bank account, or spent or whatever....its been in the deposit scheme since 2012, although he should of sent you the certificate when it was paid in for you to sign.
What legal action are you taking, not sure if being a rubbish landlord breaks the law.....if its free legal aid then go for it!"Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!0 -
Foxy-Stoat wrote: »not sure if being a rubbish landlord breaks the law.
The Localism Bill 2011 and the Housing Act 2004 would probably have something to say on the matter
*Assuming you're in England or Wales.0 -
We have been given a date to leave of 7th Feb but will be gone by end of Jan. With regards to legal action from April 2007 he is required BY LAW to hold our deposit in an approved scheme no later than 30 days after receiving the deposit. I have never had proof that this has been the case and would like to know whether I am legally entitled to said proof.
I intend to ask for my full deposit back and also for a penalty to be applied in this instance, as he has consistently failed in his legal obligations to us. I know we cannot use other factors to influence the deposit issue in a court of law. I mention it because I believe he should have carried out all his legal obligations without excuse.0 -
Have you received a S8 or S21? If you want to move out then its all good.
As he hasn't protected the deposit early enough then he will have no grounds to withhold it or any part, taking legal action for the 100% refund shouldn't cost you much if anything, if you want to claim upto 3 times your deposit then it may take a while longer for him to pay out. You may have to go to court a few times and get a CCJ on him if he doesn't comply, that will learn him !
Good luck and hope the next rental place is easier."Dream World" by The B Sharps....describes a lot of the posts in the Loans and Mortgage sections !!!0 -
You'll have to go to court to gte the penalty awarded, its not normally for the small claims track either so the outlay will be £1000.
You need to have proof that the deposit was or was not in a scheme before doing that.0 -
You'll have to go to court to gte the penalty awarded, its not normally for the small claims track either so the outlay will be £1000.
You need to have proof that the deposit was or was not in a scheme before doing that.
Why would it not be small claims court? The amount in question would be below £10,0000 -
Foxy-Stoat wrote: »
Have you been issued with a Section 21 or Section 8 notice?
If you haven't signed the deposit scheme, then he cannot issue you a Section 21 notice to evict you, so he would need to issue a S8 with a suitable ground or go to court (costly).
He has issued a Section 21 notice through his solicitor on 5th December, prior to informing us where our deposit was on 10th December. Does this mean the notice is not valid, or that a court would amend the date on the order to reflect this?0 -
This s21 notice is invalid.He has issued a Section 21 notice through his solicitor on 5th December, prior to informing us where our deposit was on 10th December. Does this mean the notice is not valid, or that a court would amend the date on the order to reflect this?You wanna hear about my new obsession?
I'm riding high upon a deep recession...0 -
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.6K Banking & Borrowing
- 253.8K Reduce Debt & Boost Income
- 454.5K Spending & Discounts
- 245.7K Work, Benefits & Business
- 601.7K Mortgages, Homes & Bills
- 177.7K Life & Family
- 259.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards