Landlord withholding my deposit - Not scheme protected

olly300

clutton wrote: »

put the letter thru his letter box and get someone who is with you to sign a witness statement which just says "they saw this letter dated xx being put thru the door on such a day at such a time" and sign it. a clever rogue refuses to accept recorded delivery letters.

Also if you can try and make sure the witness is not a relation and they have a professionally sounding job. That way if you go to court the LL will be more intimidated.

ManchegoMan

Well peeps, I've had a bit of a result although not entirely sure what to do next.

I went round the LLs house last week and knocked on the door. (Remember I hadn't even met the guy before). A guy answered the door and I asked if he was Mr X. He said yes. I asked him if he knew who I was (in case he'd seen me without me knowing) and he said no. I told him I was his ex tenant and handed him the letter. I said its our final say on the matter and told him he's got 7 days to hand back my money (out of the remaining grand, we've stated we're willing to accept 750). He said something like yeah, err, ok, then shut the door.

Yesterday we received a letter from him. He is accusing me of being aggressive, using abusive and threatening language on his property and IN FRONT of his young children. He claims he has witnesses who heard the whole conversation. This is just a pack of lies. I literally said to him what I've mentioned above. He states in his letter that he WILL contact the referencing agency and retract his positive references about us. If he does this it is damaging my name for no justified reason. I dont want this to happen else I wont be able to rent another property again (which could happen as the owners of where Im staying may come back from oz).

On the plus side, he's given us a cheque for 500 quid and told us to accept it and to never come on to his 'damaged' property ever again.

What should I do. My wife wants to cash it in and forget the whole saga, but my stubbornness wants to go to court still. Personally I think he's cacking it but in case he uses the 'abuse' claim against me in the court I'm worried the judge will take his side.

Should I cash the cheque and send a letter of acceptance? What next?

Thanks everyone for the advice. It seems to be working, although I am still short of my target of getting 750 back.

MMan

nobblyned

I think you made a mistake in delivering by hand. Best to keep all these things by recorded post so that there is no risk of accusations as you have just received.

Personally I'd still take him to court just because he sounds like an ar*e. Plus he has a history of continually upping his offer as time goes on. As the court date approaches there is a likelihood he'll do so again.

ManchegoMan

Yeah I know maybe I should have delivered by recorded post, but an earlier poster said why bother cos he's recieved the previous letters so to suddenly not receive a third letter would look odd.

I also have a witness (my wife who was stood not too far away from the house). I can also play his games - he was lying when he said his kids were around him because I saw nobody there. Anyway, neither here nor there so I'm not worried by that. I can't believe he still thinks he can scare me away. He also keeps barking on about the agent is on his side. I may have to pay a visit to the agent this weekend and ask for a copy of the checkout report.

I am tempted to continue the battle, but the missus is sick of having to deal with it all. 500 quid will go towards the cot for our baby and that is more important. I will also :beer: tonight to celebrate partial success.

Cheers!

nobblyned

Congrats on the cheque. I'd cash it anyway. You always have the option of writing to him thanking him for the partial settlement and informing him that you are reducing the amount that you intend to take him to court for.

Should wind him up no end, which I'm sue is no more than he deserves.

macaque_2

bristol_pilot wrote: »

Seems like he may be in financial difficulties and wants to hang on to some of the deposit just because he can. There is no way he can charge for lawn mowing and he can only charge for professional carpet cleaning if that is specifically included in the rental agreement and even then the cleaning actually has to take place and he could only charge you the actual cost.

You should file with the court straight away under the small claims procedure.

If he makes an untrue and defamatory written statement about you to a third party (e.g. another letting agency) get a solicitor to write to him saying he must withdraw it or you will bring an action for libel.

The recent law on deposit protection was brought in for landlords just like this.

This is a good response. I'm no lawyer but I suspect that putting his 'lawn mowing' claim in writing was not smart. It speaks volumes to me about the nature of his intentions.

My inclination would be not to argue with him but lead him with a few more questions (in writing). He doesn't sound very bright and I suspect he will incriminate himself up to the eyeballs. The key is to keep cool.

I had a dispute with an accountant once. I kept writing to him with questions. He tied himself in knots and in the end I told to him to back down. He backed down.

I will be interested in the outcome of this dispute. Good luck!

Andy_Hamilton

I would Cash the cheque and then send another letter to him thanking him for his part payment and ask for the remaining amount your after or court proceedings would follow.
For the cost of a postage stamp you could get the extra money you want. He has no balls and has backed down so many times he would be stupid not to pay up all the extra.

The court will look in your favour and WOULD see you knocking on his door even screaming in the street as part of a genuine grevance.

Did the letter with the £500 cheque state what he was refunding? If not the courtcase could still go ahead as he has not said i'm keeping £??? for ??? and £??? for ???. If it does not then he has effectively given 50% discount on all his "problems". You have still paid £20 for grass cutting.
I'm sure the court would look at that and laugh him out of court with a CCJ against him, and he could not give you a bad reference (no grounds or he could be dragged infront of a judge again for slander)

He is in the wrong and he knows it!

ManchegoMan

I've slipped up. The cheque was handed in to the bank last friday by the wife. She got a call from the bank later that day saying they couldn't process the cheque because it was post dated to September. My wife didn't ask which day in september it was post dated to. The bank have sent the cheque back in the post. We wont know what the date is on the cheque until we receive it back in the post (hopefully tomorrow).

Just wondering why the LL would do this. Is it so he buys himself more time to work out a plan to not pay me? Or it could simply be that he does not have the funds available in the first place? If the latter is true then he has used our deposit before or during the dispute taking place.

In his last letter he didn't say that this was the final payment or an 'agreed settlement' so I think I will send another letter later on requesting the remainder. This all depends on the validity of his cheque, but I'm very anxious now to find out what date is on the cheque. We gave him 7 days to return our money - this technically has not been fulfilled as he only sent a reply and post dated cheque within the 7 days. If he's post dated the cheque for the end of september, well, I dont know what to do as its a long time to wait to see if a cheque bounces or not.

Any opinions gratefully received. Thanks for all the posts. I feel a right twit for not checking the date on the damn cheque beforehand. Doh!

hjb123

Well checking the date on a cheque isnt really something that I would have done either!

I would send anything to him via special delivery, I know it costs that bit more but I think its worth more than recorded and its quicker

If/When you do respond to him mention that you also have witnesses to that day - dont mention its just your wife but say witnesses

Hope you get something sorted soon

Andy_Hamilton

Wait until you get the cheque back. It's likely that he has put on exactly one month on the cheque giving him time to gather your deposit money which he already spent.
Wait the month and cash it. If it bounces he will get hit with bank charges then take it straight to court.
I would bet £100 that the judge makes a CCJ for full repayment of deposit.

If the cheque is cashed in a month send the letter like I say but go for the full amount, not taking into account the money you said was OK. This completely ties his hands!
He will not want to pay the extra couple of hundred quid you said he could have but if he went to court he would risk CCJ's.


Send you next letter something like this
Thankyou for post dated cheque which was cashed on ****. I still find your attitude towards this matter very poor. You have continually not given me genuine reasons to keep my deposit and as such I belive this to be theft.

After seeking advice I now ask you to return my full deposit, £??? currently owed or I will be forced to bring this matter to court.

If this letter is ignored, court proceedingis will commence after 7 days.

I wait in anticipation for your reply and my remaining money
Regards