Take a Landlord through small claims? Advice please?

Guest101

jjlandlord wrote: »

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.

Ok not an obscurity, but you know what i mean. it could be seen as unfair by people not aware of the effect of a section 21

jjlandlord

Guest101 wrote: »

Ok not an obscurity, but you know what i mean.

I don't...

hanb

Ohh I'm confused!


So the landlord served 2 months notice and then OH agreed with the landlord to move out on that date. The landlord agreed that rent was only due up to the point of the moving out date which was mid month and acknowledged the fact that he owes over £400 in overpaid rent.. but does that not mean anything?


And what about the deposit issue? Neither can prove the condition of the flat at the start of the tenancy and having looked at previous issues (just searching online) other people found that the fact the deposit scheme information wasn't passed on and the fact that there was no inventory (or anything stating the state of the flat at the start of the tenancy) that the Landlord is in the wrong and therefore should pay back the deposit but I'm not smart enough to know whether that is the case but I feel like there must be something he could do as it's very unfair that the landlord can just keep all this money for no reason and with no need to prove and because he ended the tenancy mid month and not OH he doesn't have to refund the money?

Guest101

hanb wrote: »

Ohh I'm confused!


So the landlord served 2 months notice and then OH agreed with the landlord to move out on that date. The landlord agreed that rent was only due up to the point of the moving out date which was mid month and acknowledged the fact that he owes over £400 in overpaid rent.. but does that not mean anything?


And what about the deposit issue? Neither can prove the condition of the flat at the start of the tenancy and having looked at previous issues (just searching online) other people found that the fact the deposit scheme information wasn't passed on and the fact that there was no inventory (or anything stating the state of the flat at the start of the tenancy) that the Landlord is in the wrong and therefore should pay back the deposit but I'm not smart enough to know whether that is the case but I feel like there must be something he could do as it's very unfair that the landlord can just keep all this money for no reason and with no need to prove and because he ended the tenancy mid month and not OH he doesn't have to refund the money?

ok here it is:

1: Yes hes probably entitled to the deposit back. Write a letter, then go to court.

2: the tenancy doesnt end when the landlord notice expires. It was ended because your OH left the property. The LL will probably claim abandonment.

3: the rent is due. Unless you have a written agreement that the LL will refund the £4xx, its unlikely you'll get that back. Try, but unlikely.

hanb

Thank you!


I'll check what he's got in writing about getting the £400 back and go from there. Letters and emails have already been written and ignored so it's time to look at next steps. I just didn't want to encourage him to go to court if he stood no chance and would end up even more out of pocket.


Really appreciate your help all, thanks!

mrginge

Guest101 wrote: »

ok here it is:

1: Yes hes probably entitled to the deposit back. Write a letter, then go to court.

2: the tenancy doesnt end when the landlord notice expires. It was ended because your OH left the property. The LL will probably claim abandonment.

3: the rent is due. Unless you have a written agreement that the LL will refund the £4xx, its unlikely you'll get that back. Try, but unlikely.

If the LL has agreed an exit date then it isnt abandoned !!!!!!.
Equally, if the LL has agreed an exit date and has not specified any additional terms (i.e that the T is liable to pay anything other than rent up until their exit date) then they can't add charges on after the event.

jjlandlord

mrginge wrote: »

Equally, if the LL has agreed an exit date and has not specified any additional terms (i.e that the T is liable to pay anything other than rent up until their exit date) then they can't add charges on after the event.

Well, that's the thing as previously discussed:

The default position is that the landlord can keep the rent paid for the whole period.
A refund must be explicitly agreed.

Here it seems that it was agreed but the problem is that they may be no evidence.

[Deleted User]

I suspect you are into some hard work here. I have been in similiar situations with a partner who was a bit laissez faire.., doesn't do what he needs to to protect himself or ensure things happen..,and gets taken for a ride, over and over.

When your finances are linked, this is a nightmare. Be aware. Be warned.

Its not that expensive to take a LL to court.., but as you have said, make sure you have hard (written) evidence to back your partners claims up. Because if the judgement goes against your partner, he could end up paying the LL's legal costs and court costs.

If he doesn't have evidence.., use this as a very pointed learning experience. No one should have to protect a partner from themselves. If he hasn't learned by now.., he never will and I've got the Tshirt lol. Remember also that this is HIS problem, not yours. Why is it left to you to sort it out? Why can't he? Why isn't he.., its revealing as to his personality and life style I'm afraid.

I know this sort of advice isn't what you were asking for but I'm trying to make you think. I wish someone had done the same to me, I'd be in a completely different position now.

hanb

Thanks! �� he is trying to sort it out, I'm just the helping hand. I use this forum a lot and he doesn't so thought it would be a good place to come for advice.

He's dealt with it all himself with me just helping out with casting an eye over emails and making things sound better.. I'm more wordy than him. It is definitely his problem but I'll help if I can. Definitely appreciate the advice though!

G_M

* If the LL & tenant agreed a date to end the tenancy, and the LL agreed to charge rent pro rata till that date (and refund any overpaid rent), then the tenant only has to pay till that date.

* if the agreement above was verbal, and one side or the other disputes what was said/agreed, then it would be for a court to decide who they believe..... (hence the wisdom of getting agreements in writing)

* if the deposit was registered but the PI was not given to the tenant, the tenant can claim the penalty of up to 3 times the deposit

* if there was no inventory, and no other evidence as to the condition of the property/possessions at the start of the tenancy, then it would be for a court to decide who they believed (ie if tenant said "that stain was there at the start" & LL said "tenant caused that stain".). But the onus would be on the LL to prove the tenant caused the damage, not on the tenant to prove he did not (which is why sensible LLs always do detailed inventories)

See also

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?