Landlord harassing us after deposit returned

XYZ5

saajan_12 wrote: »

The LL's only recourse is to file a court claim. Courts like it when people try to resolve things themselves, so not using the TDS may count against LL (though he may be able to argue the agent acted against his wishes). You shouldn't fall foul of this yourself so if the LL sends you a Letter Before Action, make sure you respond to that in a clear letter stating why you believe you don't owe anything. Other than that, for your sanity don't correspond with him unless/until it reaches court.

Keep your evidence (pictures of when you left / checkout report, receipt of inventory etc fees you paid). Then if the LL does file a court claim, you can easily defend this.

Thank you, I really appreciate the detailed response. In answer to your queries:
- The timeframe for returning the deposit: he was told to respond by the agent was 10 days; he took ages longer over this, but this is kind of irrelevant now anyway as we have the deposit back. I was just mentioning it really to illustrate that he has been difficult from the start!
- do you have anything in writing that this was in full & final settlement of the tenancy or that the LL agrees there were no damages? Unfortunately not, just an email from the agent saying that following emails from us both, she would return the deposit. Our former landlord has at no point said to us he didn't authorise them to return it - in fact he hasn't mentioned the deposit at all since we got it back and seems to regard this claim as something different outside of that. However, my understanding of the deposit is that the purpose of it is to reimburse the landlord for any cleaning costs/damages etc so I think he should have gone down this route if he had a legitimate claim. My suspicion is that he didn't use them because he knows he does not and would rather try to intimidate us privately.
- Even if it was in the contract, if you leave the property cleaned to a high standard (regardless of whether you do / your friend / employed cleaner does it) then the LL suffers no loss so they can't claim 'professional cleaning' off you. So the key is do the checkout pictures show it is as clean as the check in or better? Yes, we have photos in the checkout and checkin report that we believe show the property to be cleaned to the standard of check-in. I believe we can defend this if necessary and would have been happy to do so via the TDS but he has not given us this option sadly.
- ideally, yes but technically the LL can claim for damages / breach of tenancy if you left the property unclean through small claims court. If you have a statement from them stating the property was clean / no damages and that's why they're returning the deposit, that would be great proof against them but doesn't stop them from filing a claim (which they might lose). Sadly not. In fact he has not mentioned cleaning at any point in the negotiations up until last week when this just seems to have popped into his head. His initial response to us was that if we could account for the whereabouts of a handful of items he would return our deposit. We did that with photographic evidence (some of the items were just missed by the inventory service, who were awful.)
- this is separate fees which you contractually agreed to pay. Keep the receipts and present them if the LL does raise a court claim.
Yes we have evidence of this and have already sent it to him, which he ignored.
1. Write to him to instruct him to stop harrassing you, stating you believe all matters to be closed and if he has a legitimate claim he can correspond by post / court claim. We've tried this but my other half may well send one final message.
- I'd ask them for help with the harrassment side. As fair as LL's monetary claims go, his only recourse is to file a court claim, so until that happens I wouldn't worry. Thanks, I was more thinking of contacting them to see what we can do if he takes legal action.

Thanks again for all the responses, feeling a bit better now!

rtho782

Block emails from him, filter them as spam.

He can't get anything from the deposit protection scheme, as you have the money back already.

He COULD take you to the small claims court. I think he would probably lose, but this is something he could do.

However, before he did, he would have to send you a letter before action (in writing, in the post, etc). Unless and until you get one of these, ignore him. Do not engage with him, you have nothing to gain from it.

XYZ5

rtho782 wrote: »

Block emails from him, filter them as spam.

He can't get anything from the deposit protection scheme, as you have the money back already.

He COULD take you to the small claims court. I think he would probably lose, but this is something he could do.

However, before he did, he would have to send you a letter before action (in writing, in the post, etc). Unless and until you get one of these, ignore him. Do not engage with him, you have nothing to gain from it.

Great, thank you.

Paul_DNAP

I would send a recorded letter to landlord (copy to agent) saying that since the rental has ended and the deposit was returned then your contract with them is at an end and they have no recourse to demand extra fees above and beyond the terms of the contract and that this letter will be your final personal communication with them on the matter.
(Oh, and keep the receipts for the recorded delivery, just in case you can add them to your costs when they lose their small claims attempt.)

jbainbridge

Paul_DNAP wrote: »

I would send a recorded letter to landlord (copy to agent) saying that since the rental has ended and the deposit was returned then your contract with them is at an end and they have no recourse to demand extra fees above and beyond the terms of the contract and that this letter will be your final personal communication with them on the matter.
(Oh, and keep the receipts for the recorded delivery, just in case you can add them to your costs when they lose their small claims attempt.)

You may be correct ... but why continue to engage with the landlord?

Yes - respond if court papers are received ... even then from what the OP states they have nothing to worry about.

XYZ5

Thanks all - really appreciate all the responses.

Paul_DNAP

jbainbridge wrote: »

You may be correct ... but why continue to engage with the landlord?

Yes - respond if court papers are received ... even then from what the OP states they have nothing to worry about.

Just so that if it does go to court you have some evidence that you have stated your opinion clearly and concisely and ended correspondence on that basis, rather than the opposition to be able to describe you as "unwilling to communicate"