Unprotected deposit + possible tax evasion

happyfeet12

Hi all,

Long time lurker but never posted before so please bare with me.

Writing on behalf of my parents but know all of the facts.

They moved into a private rented property in August 2014 and this was done privately through the landlord (no agents). They paid a deposit of £1200 directly to the agent, who said he would put it in a protection scheme (which he didn't) and they have receipts for the deposit plus it is mentioned in their tenancy agreement.

The landlord lives right at the bottom of the garden, behind some trees, in a "chalet" type house, made out of wood. My parents thought this arrangement would work OK for them until a few months into the tenancy when he would just walk into the house unexpectedly, refused to have energy bills moved into my parents names and would never let them have sight of a bill, except for his hand written quarterly costs on a piece of paper. They felt as though they had no control over the house and didn't feel comfortable living there. They also had a shared mailbox and my mum noticed that all of his post was being addressed to their house, rather than his chalet, and frequently noticed their post was going missing.

Fast forward to August 2015 and my parents managed to secure a new property and served the correct notice etc, were full compliant with several house viewings during that period and moved 2 weeks before their notice stated (but paid rent until the end of notice).

It has now become apparent upon checkout that the landlord has never protected their deposit and is now refusing to return any of their deposit, claiming that a wooden table supplied needs sanding down (hardly used in the whole year) and that the oven needs a clean (was thick with grime upon them moving in), which my mum cleaned before moving out. At the checkout, my mum gave him a letter stating that he has 14 days to return her deposit before she starts a small courts claim for unprotected deposit, which could result in her being awarded up to 3x the deposit. She even agreed verbally that he could keep £200 of the deposit but he refused. My parents didnt want him to know where they are now living as he was very verbally abusive to my mum upon checkout and she didnt feel comfortable giving their new address, so she gave mine. He then rang my estate agent and claimed that I had moved my parents, my brother, my sister and my niece, all into my fully occupied 3 bed property and that they owe him thousands in unpaid rent (all lies).

She is starting a small courts claim this week but does anybody have any tips on making sure that she is successful in her claim? She has also reported him to HMRC for potential tax evasion as she dont believe he has declared himself as a landlord as she received all his mail to their address, the council tax bill was in his name (but she was to pay it), he refused to have energy bills transferred to her etc.

Any guidance on the process would be much appreciated as neither of us have ever had to go through this before. The attitude of the landlord has shocked my parents to be honest and they want to do everything possible to ensure they get their deposit back fairly.

Thanks.

csgohan4

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion

report, landlords like that deserve everything they get

Pixie5740

Your parents could have just contact the council and the utility suppliers to have the bills put in their name themselves but that's by the by now.

Was the chalet the landlord lived in completely separate from the property your parents lived in? Did they share a kitchen, bathroom or any living space with the landlord?

Is this in England or Wales?

Guest101

happyfeet12 wrote: »

Hi all,

Long time lurker but never posted before so please bare with me.

Writing on behalf of my parents but know all of the facts.

They moved into a private rented property in August 2014 and this was done privately through the landlord (no agents). They paid a deposit of £1200 directly to the agent - There are no agents.. confused already!, who said he would put it in a protection scheme (which he didn't) and they have receipts for the deposit plus it is mentioned in their tenancy agreement. - Ok, so they can sue 1-3x the value. And cant be evicted using s.21

The landlord lives right at the bottom of the garden, behind some trees, in a "chalet" type house, made out of wood. My parents thought this arrangement would work OK for them until a few months into the tenancy when he would just walk into the house unexpectedly - Tell him to stop, change the locks. , refused to have energy bills moved into my parents names and would never let them have sight of a bill - So who do they pay for their utilities? , except for his hand written quarterly costs on a piece of paper. - Phone up the supplier, get the bills changed to their name. They felt as though they had no control over the house and didn't feel comfortable living there. They also had a shared mailbox and my mum noticed that all of his post was being addressed to their house, rather than his chalet, and frequently noticed their post was going missing. - Not sure how you'd know this? Unless you're saying he came into the house, in which case again, change the locks.

Fast forward to August 2015 and my parents managed to secure a new property and served the correct notice etc, were full compliant with several house viewings during that period and moved 2 weeks before their notice stated (but paid rent until the end of notice). - Excellent.

It has now become apparent upon checkout that the landlord has never protected their deposit and is now refusing to return any of their deposit, claiming that a wooden table supplied needs sanding down (hardly used in the whole year) and that the oven needs a clean (was thick with grime upon them moving in), which my mum cleaned before moving out. - Ok, write a letter, dated, giving 10 days to pay (letter titled: letter before action) just go straight to court. https://www.moneyclaim.gov.uk/web/mcol/welcome At the checkout, my mum gave him a letter stating that he has 14 days to return her deposit before she starts a small courts claim for unprotected deposit, which could result in her being awarded up to 3x the deposit. - unlikely. 1: there's no proof of service. 2: small claims doesn't deal with non protection issues (except in very few areas - is this one of the areas) ? She even agreed verbally that he could keep £200 of the deposit but he refused. My parents didnt want him to know where they are now living as he was very verbally abusive to my mum upon checkout and she didnt feel comfortable giving their new address, so she gave mine. - Well in the future stand up for yourselves, and if necessary call the police. He then rang my estate agent and claimed that I had moved my parents, my brother, my sister and my niece, all into my fully occupied 3 bed property and that they owe him thousands in unpaid rent (all lies). - How does he know who your agent is? And regardless, you CAN move in whomever you wish. As for slanderous comments - contact a solicitor if you have suffered a loss.

She is starting a small courts claim this week but does anybody have any tips on making sure that she is successful in her claim? - Yes, check if Small Claims will work! She has also reported him to HMRC for potential tax evasion as she dont believe he has declared himself as a landlord as she received all his mail to their address, the council tax bill was in his name (but she was to pay it), he refused to have energy bills transferred to her etc. - Let HMRC deal with that.

Any guidance on the process would be much appreciated as neither of us have ever had to go through this before. The attitude of the landlord has shocked my parents to be honest and they want to do everything possible to ensure they get their deposit back fairly. - As advised, to get the deposit back, use MCOL. For the penalty you'll need county court

Thanks.

Your welcome

theartfullodger

Let the council know about the council tax situation. They'll go after him

Wouldnt mind betting he's not got planning permission to "live" in the "chalet" rather than just have it as a summer-house etc..

Yup, report him for tax evasion. & to the benefits people (bet he's on the fiddle there also..)
https://www.gov.uk/report-benefit-fraud

Don't like tax cheats, any more than I like benefit thieves.. Artful (Landlord)

macman

They should forget about the tax evasion aspect, since they have no real evidence of that (though it does seem likely given the other facts stated). The case sounds simple enough. Did they have a valid tenancy agreement? If so, and he failed to protect it, then she will win her case (whether she can collect on it is another matter, of course).
As pointed out above, council tax and utility bills are no responsibility of the LL, it's up to the tenant to register for them upon taking up residence. The LL does not have to 'transfer' anything.