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Take a Landlord through small claims? Advice please?
hanb
Posts: 464 Forumite
Hi all,
Hopefully someone can advise on what can be done next. Apologies it's quite a lengthy post but thought the more detail the better.
OH rented a property that he vacated in December. There’s a couple of issues he’s now facing with the landlord a) not returning his deposit and b) not returning overpaid rent.
The issue with the deposit is that when he moved in to the property, he wasn’t provided with an inventory of any description. On leaving the property, there was a stain on a carpet in the spare bedroom which he accepted as his fault but the rest of the flat was in the same condition as the time he moved in. The landlord is saying this isn’t the case and is refusing to return any of the deposit. My understanding, from the Housing Act 2004 is that without an inventory the landlord shouldn’t be deducting any money (although OH had said he would cover the cost of having the carpet professionally cleaned).
The second issue is that £406 rent was overpaid due to moving out mid month and not changing the direct debit in time. This has not been returned even though he said it would be.
Another point to note is that although the deposit was paid in to a correct scheme, this information was not passed on and again, I believe this breaches the Housing Act 2004.
OH tried to log a claim with the deposit holding company once he found out who it was but was too late and so cannot dispute the issue through them. They have advised going through the small claims process but obviously he only wants to do this if he stands a good chance of winning so I was hoping someone here might be able to advice?
A number of emails have been exchanged between the landlord and my OH and then with a solicitor on behalf of the landlord since December but all communication stopped and no replies have been received since March (presumably because the deposit was released). It’s a considerable amount of money so just trying to figure out what best to do now?
Thanks in advance for any advice!
Hopefully someone can advise on what can be done next. Apologies it's quite a lengthy post but thought the more detail the better.
OH rented a property that he vacated in December. There’s a couple of issues he’s now facing with the landlord a) not returning his deposit and b) not returning overpaid rent.
The issue with the deposit is that when he moved in to the property, he wasn’t provided with an inventory of any description. On leaving the property, there was a stain on a carpet in the spare bedroom which he accepted as his fault but the rest of the flat was in the same condition as the time he moved in. The landlord is saying this isn’t the case and is refusing to return any of the deposit. My understanding, from the Housing Act 2004 is that without an inventory the landlord shouldn’t be deducting any money (although OH had said he would cover the cost of having the carpet professionally cleaned).
The second issue is that £406 rent was overpaid due to moving out mid month and not changing the direct debit in time. This has not been returned even though he said it would be.
Another point to note is that although the deposit was paid in to a correct scheme, this information was not passed on and again, I believe this breaches the Housing Act 2004.
OH tried to log a claim with the deposit holding company once he found out who it was but was too late and so cannot dispute the issue through them. They have advised going through the small claims process but obviously he only wants to do this if he stands a good chance of winning so I was hoping someone here might be able to advice?
A number of emails have been exchanged between the landlord and my OH and then with a solicitor on behalf of the landlord since December but all communication stopped and no replies have been received since March (presumably because the deposit was released). It’s a considerable amount of money so just trying to figure out what best to do now?
Thanks in advance for any advice!
0
Comments
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An inventory isn't necessarily required - what happened at the "checking out"? Any issues should have been pointed out on the day by the LL.
Why is it too late to proceed with the deposit people? With the Deposit scheme the landlord must return any amount s/he sees fit and then you as a tenant has a certain amount of time to raise a dispute. The deposit people send you a form to give the details and then one to the LL. An adjudicator will then decide.
Did your OH take photos on moving in?
What was stated in the notice to evict and then your OH's subsequent confirmation regarding end date of tenancy? If it states a date and the rent was paid past this date then he definitely have a case for claiming the rent back.0 -
Sue for the deposit, by all means.
But you can't just move out mid month. So it's likely you aren't owed the rent.0 -
An inventory isn't necessarily required - what happened at the "checking out"? Any issues should have been pointed out on the day by the LL.
Why is it too late to proceed with the deposit people? With the Deposit scheme the landlord must return any amount s/he sees fit and then you as a tenant has a certain amount of time to raise a dispute. The deposit people send you a form to give the details and then one to the LL. An adjudicator will then decide.
Did your OH take photos on moving in?
What was stated in the notice to evict and then your OH's subsequent confirmation regarding end date of tenancy? If it states a date and the rent was paid past this date then he definitely have a case for claiming the rent back.
Sorry that's not correct.
A section 21 does not end a tenancy. Rent is owed for the full rental period.
Also only a tenant or a court can end a tenancy. So a notice to evict is meaningless for this purpose ( I presume you mean section 21)0 -
At checking out it was agreed the carpet needed cleaning and the landlord said he would pay half of the deposit and hold the other half until he'd had quotes to sort the stained carpet. The carpet was the only issue.. No amount at all was repaid and the full amount of the deposit is still being held. At best this was in an email but I think it was all verbal (I've asked the Q to find out).
It's too late with the deposit people as the claim has to be submitted within 3 months. During that time there was back and forth communication with the landlord and although OH opened a claim the day before the 3 months were up, he hadn't sent in all the paper work until after that deadline so they've said there's nothing they can do.
Unfortunately OH nor the landlord have photos at the point of moving in so it is literally one word against the other. With emails showing OH admitting to causing a stain on the carpet but no more.
The notice given by the landlord was 2 months (as per the tenancy) but this was given and also ended mid month and the direct debit went out at the first of the month paying for the whole month as an error on OH's part but acknowledged by the landlord and was told it would be returned but it hasn't been.0 -
When was notice served? During the rental period or at the end?0
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The notice is irrelevant though.
It's an obscurity in the law.
It used to be that notices all ended on the last day of the tenancy, however the S.21 notice regulations changed.
But unless your OH agreed a reduction in the rent, the LL was entitled to it. (Unless another tenant moved in during those last weeks)0 -
The notice is irrelevant though.
It's an obscurity in the law.
It used to be that notices all ended on the last day of the tenancy, however the S.21 notice regulations changed.
But unless your OH agreed a reduction in the rent, the LL was entitled to it. (Unless another tenant moved in during those last weeks)
The way I read it notice was given by the landlord not the tenant....... Surely it can't be the case that tenant has to vacate mid month but pay full month?0 -
The way I read it notice was given by the landlord not the tenant....... Surely it can't be the case that tenant has to vacate mid month but pay full month?
You're right it's not.
This is because the notice a landlord serves, which is commonly known as Section 21.
Does not end a tenancy. It is notice that after this date the LL will go to court to get possesion.
A tenancy can only be ended:
by the tenant (serving notice where necessary) and leaving.
Or by a court.
I agree its stupid, but thats the way it is. It's unfrotnate that the 'overlap' was weeks rather than days.
But yes a LL can serve notice at any point, but a tenant remains liable for the rent until the end of the rental period.0 -
There is no 'obscurity in the law' and section 21 notices were never all required to expire at the end of a period.
In any case it does not matter when the notice expires since it has no effect on the tenancy.
Rent is payable in full when it becomes due. If you then agree with your landlord to terminate the tenancy you are not entitled to a refund unless it is explicitly agreed, even if a new tenant moves in the day after you left.0 -
All this talk of an s.21 is basically irrelevant, since as guest101 states, it doesn't end the tenancy.
The question is what notice did the OP's OH give and what acceptance or otherwise was received from the LL.0
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