taking a landlord through small claims court

RobMolyneux

I was recently renting a room in a shared house, and moved out a month ago.

My (insert derogatory term) of a landlord has retained £200 of my security deposit without due cause.

I've read the advice page on the small claims court and feel i have an excellent case and will be willing to go through the process, but this will be a first for me, so any advice that can be offered by you good folk would be appreciated.

some background:

moved in 12/1/15
moved out 12/12/15

paid £475 deposit a couple of weeks before taking the room, but on the landlords insistence, did not have a contract. room was advertised (and still is) as inclusive of all bills at £475 (now advertised at £500).

when i served notice on the room, landlord said "so long as room clean, tidy and undamaged" i will get my deposit back.

he approved the room, and said acceptable, and would transfer money, but only transferred £275.

he withheld money from both previous tenants to move out prior to me also, so i had seen it coming, to be honest.

he claims that money retained is due to excessive utility bills, and considers it necessary to retain against his costs.

While he had made mention of the excessive bill he received in october, he did not make any reference to taking money, but did consider putting a payment meter in for the future, which he would top up to a certain amount each month and if it went over, it would be our problem - but he hadnt done that by time i left.

He made no mention of retaining any money when i served notice, nor in the 2 times i saw him after that when handing over keys.

he has not provided any evidence of bills or justified the £200 payment.

I have told him - in conversation and by text - that i will be willing to review his costs and consider what i think to be a fair offer towards his costs (which considering advertised as bills included, i dont feel obligated to do, but will).

He is also a nasty piece of work, but i dont think i should go into that here.



my approach to the claim:

I have via text message and phone call, given him until 5pm this friday to return my money, otherwise i will pursue action.

I do not expect him to cough up, even though he's not said anything definitive either way.

I have therefore written a letter as 'pre-action' conduct, which i can copy into here for feedback if that's acceptable, and i will issue that letter to him on saturday if payment isnt received.

the letter gives him 10 days to pay me the £200, otherwise i will make a formal claim through the courts.


So, does anyone have experience of similar, and can anyone offer any advice to give me the best chance of success?

thanks.

RobMolyneux

I should add, that I've sated to him that any consideration of an offer towards his costs will require him to provide evidence (bills) for 24 months and will be dealt with separately to the £200 he owes me as by his own admission, that related to the condition of the room when i vacated it, and he approved its condition.

thanks.

Pixie5740

Does, or rather did, your landlord live in the same property as you?

RobMolyneux

Pixie5740 wrote: »

Does, or rather did, your landlord live in the same property as you?

not at any point during my time there, and by the advert on spareroom.com he refers to himself as a 'live out' landlord.

however, he did make clear when i viewed the property that the smallest of the rooms, which had a made up bed in it, would remain vacant as it was officially 'his' room.

I assume, though i have no idea really, that he was in some way avoiding tax.



I should add, that i took the room following a separation, and just wanted a suitable room over my head, so at a time of emotional strain and flux, overlooked what were clearly bad signs.

RobMolyneux

he also, not that it would matter much in this situation, does not have a valid EPC for the property, as i found when i offered to look into his utility costs for him in october - though i couldnt really look into them much as he never gave me any data or bills.

RAS

So he is trying to claim that he is letting to lodgers not tenants? And perhaps entitled to the rent a room allowance?

How many in the house?

G_M

Does landlord live at the premises? Is this a tenancy or are you an Excluded Occupier?

RobMolyneux wrote: »

... landlord has retained £200 of my security deposit without due cause.opinion

some background:

moved in 12/1/15
moved out 12/12/15
So 11 months and 1 day
* what was the agreement? Was there a fixed term discussed/written/agreed at the start?
* What notice period was discussed/written/agreed at the start?

paid £475 deposit a couple of weeks before taking the room,
* security deposit? holding deposit? what exactly does the receipt say?
* if security deposit, AND if this is a tenancy (see above), was the deposit protected? When? Was the PI served? When?
but on the landlords insistence, did not have a contract.
* of course you had a contract. Verbal. Please clarify the terms.
room was advertised (and still is) as inclusive of all bills at £475 (now advertised at £500).
* you still have the original advert? Exact wording please.
* was anything else said/written or agreed at the start? Were words like "fair usage" used eg in discussions?

when i served notice on the room, landlord said "so long as room clean, tidy and undamaged" i will get my deposit back.
* was the notice period (whatever it was) accepted? Anything in writing?

...
he withheld money ...he claims that money retained is due to excessive utility bills, and considers it necessary to retain against his costs.
* see question above: "fair usage" is a common term in 'all-inclusive' contracts

While he had made mention of the excessive bill he received in october,......
* threats of the top-up meter irrelevant as not acted on
* exact words re excessive bill - again: Fair Usage may apply

he has not provided any evidence of bills or justified the £200 payment.
Has he given you anything in writing?

I have told him - in conversation and by text - that i will be willing to review his costs and consider what i think to be a fair offer towards his costs (which considering advertised as bills included, i dont feel obligated to do, but will).
start writing letters, stop conversations and text.

my approach to the claim:

I have via text message and phone call, given him until 5pm this friday to return my money, otherwise i will pursue action.
* start writing letters, stop conversations and text.
* "Letter Before Action" giving 7 days.

I have therefore written a letter as 'pre-action' conduct, which i can copy into here for feedback if that's acceptable, and i will issue that letter to him on saturday if payment isnt received.
Ah! About time!

the letter gives him 10 days to pay me the £200, otherwise i will make a formal claim through the courts.
and presumably makes clear, in short, concise statements, why.

thanks.

1) Beware the 'fair usage' issue.

2) Review the deposit protection issue (if relevant).

RobMolyneux

RAS wrote: »

So he is trying to claim that he is letting to lodgers not tenants? And perhaps entitled to the rent a room allowance?

How many in the house?

I cant say that he's doing that or not, so best not to comment.

6 rooms advertised, 4 rooms are most that have ever been taken in my time there. 7 bedroom house.

RAS

What are the HMO rules in your area? Is he registered?

G_M

Sounds like
a) he does not live there, so you are a tenant but
b) he is trying to make you an Excluded Occupier via the pretensce of the room he retains

as a tenant, the law says
* you should have received an EPC
* and a gas cetificate (if there;s gas)
* and deposit should have been protected

I'd be tempted to add a claim for 3 times the deposit for non-protection to your claim, and let a court decide on the 'tenant/lodger' issue.....

csgohan4

Looks like tax evasion as well.

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

report and Karma will come on them as well.

Since you mentioned no tenancy agreement, did you pay him/her in cash ??

You could use it as a carrot that if they didn't protect your deposit you can sue for many more times that.