taking a landlord through small claims court

RobMolyneux

G_M wrote: »

As I said previously, there are 2 potential problems you face:

1) he might claim this was discussed originally. It is a common term in 'all inclusive' contracts, so very believable. It would then be your word against his. A judge would deide who they believe

2) the deposit penalty can only be claimed by tenants - not lodgers or Excluded Occupiers. On a judge can decide, on the specific circumstances, which you are. He would of course claim he lives in the room he reserves so is a resident LL. But if the advert says otherwise, you'd have a strong case.

It also sounds like this should be a registered HMO. You could
* report to the council
* use the threat of reporting for leverage.

Given the total lack of paperwork, there is also a strong possibility he is avoiding tax. Again, you could
* report to HMRC here
* use the threat of reporting for leverage.

I take your point on fair usage. My position is that even if i accept a fair usage policy applies, we have not been given the opportunity to control the heating, nor given evidence of any change in the way the utilities have been used.

we all work during the day, so if the heating has been on during the daytime for example, because the controller was in fault, we would not have known. I'm absolutely happy review the evidence and make an offer to him, though he hasnt to date given me anything to review, and as such he gets no offer.

as for the rest, I plan to amend my letter that i've written to include the HMO bit, the security protection (and claim 3x) and the lack of an EPC.

I dont plan to get into the tax thing, though an anonymouse tip off to the HMRC, if that is possible, will be in my mind after the claim is settled.

I dont want to get greedy with this, but i would like to think that landlords like this wont screw anyone else over in the future and will get their comeuppance.

RobMolyneux

out of interest, if my housemates also wanted to claim the 3x deposit thing, can they come in as joint claimants, or would be be necessary to claim separately?

one guy is also still owed £300 (or so) by the landlord after having moved out (rent overpayment as well as deposit) and would be willing to claim.

I would also think about calling one or more of these as witnesses to help my case. presumably if they are claiming with me, they cant be witnesses?

rdone

RobMolyneux wrote: »

I've just read on this site about the ability to claim 3x deposit. Is it that simple?

also, could the other tenants make the same claim, whether he's ripped them off or not?

I threatened my uni landlord with it over the phone, we all had our full deposits and a graduation card within 2 days.

D_M_E

With regard to HMRC and tax - if the landlord does not have a tax exemption code from HMRC, or does not show or give the tenant a copy of the exemption, then the tenant should deduct tax from the rent before paying the landlord and pass the deducted tax to HMRC.

If this is not done, then I think HMRC can chase the tenant for the unpaid tax as well as the landlord.

RAS

D_M_E wrote: »

With regard to HMRC and tax - if the landlord does not have a tax exemption code from HMRC, or does not show or give the tenant a copy of the exemption, then the tenant should deduct tax from the rent before paying the landlord and pass the deducted tax to HMRC.

If this is not done, then I think HMRC can chase the tenant for the unpaid tax as well as the landlord.

This applies to landlord's living overseas, not UK residents who are supposed to make their tax return to HMRC.

macman

Rent being sent to his girlfriend's bank account seems like an obvious indication of tax evasion.
I'm also thinking no gas safety certificate, no fire inspection in an HMO...seems to me like you have some leverage if you do your research.

G_M

D_M_E wrote: »

With regard to HMRC and tax - if the landlord does not have a tax exemption code from HMRC, or does not show or give the tenant a copy of the exemption, then the tenant should deduct tax from the rent before paying the landlord and pass the deducted tax to HMRC.

If this is not done, then I think HMRC can chase the tenant for the unpaid tax as well as the landlord.

Ignore this post completely. It only applies if the landlord lives abroad.

I suspect D_M_E read this on another recent thread here where the was an overseas LL.

G_M

RobMolyneux wrote: »

I plan to amend my letter that i've written to include the HMO bit, the security protection (and claim 3x) and the lack of an EPC.

Do not include the HMO issue and EPC . They are separate issues to be dealt with separately by the proper authorities. Not by you.

By all means inform the proper authorities (the council).

if my housemates also wanted to claim the 3x deposit thing, can they come in as joint claimants, or would be be necessary to claim separately?

You each have separate tenancies as I understand it. Therefore each tenant would need to claim the penalty separately assuming in each case they had paid an unprotected deposit.

G_M

G_M wrote: »

Do not include the HMO issue and EPC . They are separate issues to be dealt with separately by the proper authorities. Not by you.

Sorry - to be clear, I wmeant not to include them in a court claim.

If wishing to include in a letter to the LL, as 'leverage', be careful how your word it. Blackmail is a crime.......

thequant

G_M wrote: »

Do not include the HMO issue and EPC . They are separate issues to be dealt with separately by the proper authorities. Not by you.

By all means inform the proper authorities (the council).

yep keep any reference re. HMO and EPC's out of any correspondence at this stage, if this goes to court these exchanges will have to be disclosed and it won't look if you are threatening to tell on the landlord.

One rule about small claims courts is that they are decided on balance of probabilities, lots of times it will come down to your word against the other party and the judge will have to make a decision as to who to believe. So being a credible witness is essential.