surrender of AST question

witsend2014

Hi all


My landlord has said no to surrendering my AST. The LA failed to protect my deposit on time and has not issued the PI, can I use this to bargain with him? I have been reading online and some of the info is a little contradictive so thought I would ask here.

Reason for wanting to surrender: ongoing disrepair and threatening behaviour from the landlord.

I have a crime ref number re the threat he made. I have written to the LL as per the shelter guidlines , I copied in the LA, Environmental health and also private housing. So far the letter has been ignored so the 2nd one will be sent during next week..

Any suggestions would be greatfully received

Many thanks

BitterAndTwisted

Any landlord who risks arrest by threatening his tenant is not going to be worried about being taken to court by them for non-protection of the deposit.

Follow Shelter's guideline for enforcing necessary repairs. Eventually the landlord will be glad to see the back of you. If he doesn't assault you first.

G_M

1) Repairing issues. Pursue as per Shelter advice, or contact EH if the issues are serious enough

2) threats. Continue to inform police. Consider a restraining order if persistant. Read up on the Protection from Eviction Act 1977 (S1) (as amended by The Housing Act 1988 S29), which makes harrassment a criminal offence.


3) Deposit. What 'contradictory advice' have tou had? If the deposit was not registered AND PI not provided within 30 days you can go to court and claim 3 times the deposit (you may win 'up to' this amount)

Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Prescribed Information (RLA links to various deposit schemes' documentation)

Yes, of course you can try to use this knowledge to encourage the LL to agree to an Early Surrender.

witsend2014

Thank you for the info there.

I had a 30 min phone consultation with a solicitor and he said that basically because I am not in need of the PI yet as my tenancy isn't due to end at the moment aswell as my deposit only being protected a month late i wouldn't have a case therefore I don't have anything to use to maybe encourage him to carry out repairs/early surrender.
I have written to the LL (obtained address from land registry) to ask him his reasons for not agreeing to surrender but again as expected it has been ignored.
Online I have read various things that have made me think I am in a fairly strong position but the solicitor has advised me otherwise.

The 2nd letter is being sent next week re repairs so I will have to wait and see what happens I guess

Thank you

G_M

witsend2014 wrote: »

... a solicitor and he said that basically because I am not in need of the PI yet as my tenancy isn't due to end at the moment aswell as my deposit only being protected a month late i wouldn't have a case
...

I'm always reluctant to contradict a solicitor, since I am not one. And of course I could understand you trusting his advice more than that of a self-confessed non-professional stranger on the internet.

But he's wrong.

Failure to protect a deposit within 30 days contravenes the law and there is no defence (see the links in my previous post).

Certainly the LL could present as mitigation the fact that he did protect the deposit, albeit late, and the court would probobly then not award the full 3 times penalty - perhaps 2ce the deposit or the deposit amount itsef as penalty (plus the deposit itself).

However, he may be right that because of this, the 'threat' hanging over the LL is reduced, so that he would be less likely to be open to the 'encouragement' you seek.

the_matrix

I would find a better place and just move out. Tell him you are going and move on. No LL will bother to chase you as long as all rent is up to date. by threatening you he may just want you to leave for whatever reason.

witsend2014

I wouldn't want to be in breech of contract. I think he's just a pig to be honest! If he wanted us out then he'd more than likely agree to the surrender. No rent arrears and we always pay on time so no worries there