Landlord difficulties

amc88_2

Hi everyone,

I've not received confirmation of the deposit scheme the landlord has used. I chased him earlier in the year to which he confirmed he'd send me a copy over, but I never received it. I've already done a search on the three UK mainland schemes (DPS, TDS and mydeposit) and NI's versions but they all come up empty / not finding my deposit.

What can I do if my deposit isn't protected?

Thanks so much in advance!

Adam

scd3scd4

You would have helped yourself if you stopped answering the door. Then the LL would have a reason to be more reasonable. The first time I give people the benefit of the doubt and then maybe once more, depends on the situation. After that I always take some action. Or no action in this case.

dimbo61

Do you want to pay rent until the 30th of November or NOT.
It seems the Landlord is trying very hard to get a replacement tenant but this is spoiling your tea and Right to quiet enjoyment of your home.
You have informed him in writing of the leak Well Done.
Speechless

PS if the Landlord has been stupid and not protected the deposit you should get every penny back

Comms69

amc88 wrote: »

Hi everyone,

I'm in the process of leaving a 12 month tenancy early, and would like some assistance with a few things that have popped up to see if I need to be concerned about them or not.

1. My tenancy started on December 4th 2017 on a 12 month contract. I moved from England to Northern Ireland and didn't receive keys to the property until December 29th as the landlord failed to post them out to me, despite chasing him several times. I ended up meeting him in person at the property in the evening of the 29th. If he didn't turn up for the keys I'd of had to have found a hotel somewhere. - What date did you actually move to NI?

Is this an issue despite me moving country? Was it right for him to charge a full month's rent despite me not having the ability to access the property until I received the keys in person when I arrived at the end of the month? - Uhm no? You weren't there to collect the keys? Your problem

2. I've not received confirmation of the deposit scheme the landlord has used. I chased him earlier in the year to which he confirmed he'd send me a copy over, but I never received it. I've already done a search on the three schemes (DPS, TDS and mydeposit) but they all come up empty / not finding my deposit. - I think NI has it's own scheme.

What can I do if my deposit isn't protected?

3. The building is suffering from water damage due to a small leak from the shower in the apartment above me. The landlord was notified in writing (with a picture) in mid-June to which he replied it'd be repaired (but no date given), but as of today he has still not repaired it. The damage has become much worse. - is he the landlord upstairs too?

Is there anything I can do in regards to this, despite reminding him the ceiling is badly damaged and needs repairing, and providing updated pictures for him?

4. I wrote to the landlord mid-July giving my 4-week notice to leave mid-term. - is this in the tenancy? He agreed and stated I'd be liable to pay rent as normal until November 30th - but that's not 4 weeks?, or until he finds a new tenant (whichever is first). I expected this and agreed. I've now moved out of the property and notified the landlord that I can hand the keys back whenever he is available. At the time of writing I still have the keys / access to the property. I informed the landlord that I'm happy for viewings to occur at any time, but if he wanted me there it'd have to be between 6pm and 7pm so I can get there from work before heading about to my new apartment. - why?...

Last week, the landlord text me at midday to confirm a viewing for that evening at 5:30pm. I agreed and said I wouldn't be back from work in time so cannot give the flat a tidy up (take the rubbish out, etc). - but you've moved out?... I met the landlord as he was leaving and everything was fine. At 5:45pm the landlord rang the door to show another viewing around, which to me was an unscheduled visit as I was only told of the 5:30 viewing. Then, at 6:15pm the landlord rang a third time with another viewing; I was having my dinner at this time as I definitely wasn't informed of this viewing and was getting on with my evening. - I don't understand you said you'd move out?... (you also said you were happy with viewings at that time)

The landlord also text me on Tuesday at 2pm of this week telling me there were two people scheduled to view the property that evening; one at 6:30pm and another at 7pm. The landlord is currently out of the country so he wouldn't be attending and needed me to let them in and show them around. He didn't ask for permission or if I would be in or available; he simply text me telling me there were two people scheduled (and their ETA) and that was it. - So? Ignore it?

The following day I came back to the property after work to get the last of my boxes. At 6:40pm the door rang - it was someone coming to view the property but the landlord had not made me aware and is still out of the country. Luckily I was in to show him around, and I text the landlord telling him about this and to reinforce the fact that I need to know when viewings are made so I can be in to receive them (if the landlord is not available) as I no longer actively live in the apartment. If I chose not to come back to the property to get those two boxes at that particular time, the person viewing the property would not have been able to get in as neither I nor the landlord would have been there to receive him. - How is this your problem?

I've read online about landlords needing to give 24hrs notice about wanting to enter the building, but I'm wondering if the same applies for viewings like this? Is there cause for concern here or am I just looking too much into it? - Well yes they're supposed to, but you said it was fine...

Sorry for the huge first post. I'd really appreciate some help to see if I've got cause for concern with any of the above and what I can do about it, if anything, on each of the points. I'm mainly concerned about my deposit as it's unprotected (as far as I know), and I'd hate for the landlord to keep it considering I've left (with his approval and no mention of the deposit) mid-term

Thanks so much in advance!

Adam

Literally no idea what the order of things is.


NI has lots of different laws around tenancies, so some things I wouldn't comment on. BUT if you're happy paying rent until 30th November, why are you bothering with all this. Your tenancy would end by itself 3 days later....


None of this makes sense

Comms69

dimbo61 wrote: »

Do you want to pay rent until the 30th of November or NOT.
It seems the Landlord is trying very hard to get a replacement tenant but this is spoiling your tea and Right to quiet enjoyment of your home.
You have informed him in writing of the leak Well Done.
Speechless

PS if the Landlord has been stupid and not protected the deposit you should get every penny back

No necessarily. He could sue for the same value or more. But actually lack of protection doesn't stop the landlord claiming damages

camelopardis

This makes me angry, I'm a Landlord and always protect the deposit becuase I can be heavily fined otherwise.



https://www.rla.org.uk/landlord/guides/deposit-protection-from-2015.shtml


Your Landlord sounds like an !!! . .go for the jugular

Pixie5740

You moved from England to Northern Ireland so Northern Irish housing law applies. I'm confused about what it is you want to achieve. On one hand you want to terminate a 12 month tenancy early whilst on the other you are complaining about the landlord trying to find a replacement tenant even though you appear to have moved out anyway and I don't believe that there is a specific rule in Northern Ireland about how much notice a landlord has to give before access. What do you want, for the landlord to find a new tenant or to pay rent until 30th November?

Forget about the keys. If I were the landlord I wouldn't have posted the keys out to you either. I would have wanted you to collect them in person too. Besides it was months ago....get over it.

The water damage to the ceiling. Does your landlord own the whole building? Is it even an issue for you since you have moved out or are you just throwing mud around even though you really need the landlord on side?

You say you've checked TDS, DPS and My Deposits, did you check the schemes for tenancies in England and Wales rather than My Deposits Northern Ireland, TDS NI, and LPS NI?

Pixie5740

amc88 wrote: »

Hi everyone,

I've not received confirmation of the deposit scheme the landlord has used. I chased him earlier in the year to which he confirmed he'd send me a copy over, but I never received it. I've already done a search on the three UK mainland schemes (DPS, TDS and mydeposit) and NI's versions but they all come up empty / not finding my deposit.

What can I do if my deposit isn't protected?

Thanks so much in advance!

Adam

To be pedantic DPS, TDS and my Deposits are not UK mainland schemes, they are for England and Wales, Scotland has its own schemes and is, for now, still part of the UK.

Apparently in NI if your deposit hasn't been protected then it's the council you need to contact.

https://www.housingadviceni.org/advice-private-tenants/deposit-protection

amc88_2

My off-the-cuff dump of worries turned out to be overly pedantic based on the replies I've got so far.

I've amended my original post to focus on the biggest issue, which would be how to recover my deposit if it isn't secured.

I've checked the UK mainland and NI versions of tenancy deposit schemes. They all fail to find information about my deposit so as it stands I don't believe my deposit is secured.

Thanks Pixie5740; I'll have a chat with the NI Council and see where I can go from there.

Apologies again for confusing and aggravating you.

Pixie5740

I'm not aggravated hence the

What would be useful for future posters is to come back and let us know how you get on with the council because we don't see many non-protected deposits in Northern Ireland.

saajan_12

amc88 wrote: »

Hi everyone,

I'm in the process of leaving a 12 month tenancy early, and would like some assistance with a few things that have popped up to see if I need to be concerned about them or not. - is there a break clause? If not, you're asking to amend your contract as a favour, which your LL doesn't have to agree to..

1. My tenancy started on December 4th 2017 on a 12 month contract. I moved from England to Northern Ireland and didn't receive keys to the property until December 29th as the landlord failed to post them out to me, despite chasing him several times. I ended up meeting him in person at the property in the evening of the 29th. If he didn't turn up for the keys I'd of had to have found a hotel somewhere. - expecting you to collect is reasonable rather than posting overseas. The LL was nice to come on the date/time of your choosing. If he didn't turn up is irrelevant because he did.

Is this an issue despite me moving country? Was it right for him to charge a full month's rent despite me not having the ability to access the property until I received the keys in person when I arrived at the end of the month? - yes, he's right. You should be charged from the start of the tenancy because that's what you agreed. You had the right to access from 4 Dec and practically could have accessed 4th - 29th if you'd requested and come in person to collect then.

2. I've not received confirmation of the deposit scheme the landlord has used. I chased him earlier in the year to which he confirmed he'd send me a copy over, but I never received it. I've already done a search on the three schemes (DPS, TDS and mydeposit) but they all come up empty / not finding my deposit.

What can I do if my deposit isn't protected? - have you checked the NI schemes? If the LL returns your deposit in full or you agree to deductions or you mutually agree to surrender the deposit as part of the early termination, then nothing you NEED to do. If the LL actually hasn't protected it, you won't be able to use the protection scheme to arbitrate over any deductions dispute, but you will be able to sue for the deposit return in court and for a penalty.

3. The building is suffering from water damage due to a small leak from the shower in the apartment above me. The landlord was notified in writing (with a picture) in mid-June to which he replied it'd be repaired (but no date given), but as of today he has still not repaired it. The damage has become much worse.

Is there anything I can do in regards to this, despite reminding him the ceiling is badly damaged and needs repairing, and providing updated pictures for him? - make sure you have proof of the damage reporting it to the LL so they can't claim you caused or allowed it to worsen without reporting. Beyond that, if you're moving out then how does it affect you?

4. I wrote to the landlord mid-July giving my 4-week notice to leave mid-term. - notice during the fixed term is not valid. You asked to change your binding contract. He agreed and stated I'd be liable to pay rent as normal until November 30th, or until he finds a new tenant (whichever is first). - very reasonable! That jsut means the LL still receives the continuous rent he was entitled to under the original agreement, but now has to spend time and money advertising, referencing etc for a new tenant 4 months early. I expected this and agreed. I've now moved out of the property and notified the landlord that I can hand the keys back whenever he is available. At the time of writing I still have the keys / access to the property. I informed the landlord that I'm happy for viewings to occur at any time, but if he wanted me there it'd have to be between 6pm and 7pm so I can get there from work before heading about to my new apartment.- okay, its in your interest to be flexible as the LL finding a new tenant will likely terminate your responsibilty to pay rent!

Last week, the landlord text me at midday to confirm a viewing for that evening at 5:30pm. I agreed and said I wouldn't be back from work in time so cannot give the flat a tidy up (take the rubbish out, etc). I met the landlord as he was leaving and everything was fine. At 5:45pm the landlord rang the door to show another viewing around, which to me was an unscheduled visit as I was only told of the 5:30 viewing. Then, at 6:15pm the landlord rang a third time with another viewing; I was having my dinner at this time as I definitely wasn't informed of this viewing and was getting on with my evening. - okay, so you could have refused access. It'll only take longer to find a replacement tenant..

The landlord also text me on Tuesday at 2pm of this week telling me there were two people scheduled to view the property that evening; one at 6:30pm and another at 7pm. The landlord is currently out of the country so he wouldn't be attending and needed me to let them in and show them around. He didn't ask for permission or if I would be in or available; he simply text me telling me there were two people scheduled (and their ETA) and that was it. - You wanted him to ask permission to do you a favour and try to find a tenant asap? You could have refused access, but if you agreed then that's on you.

The following day I came back to the property after work to get the last of my boxes. At 6:40pm the door rang - it was someone coming to view the property but the landlord had not made me aware and is still out of the country. Luckily I was in to show him around, and I text the landlord telling him about this and to reinforce the fact that I need to know when viewings are made so I can be in to receive them (if the landlord is not available) as I no longer actively live in the apartment. If I chose not to come back to the property to get those two boxes at that particular time, the person viewing the property would not have been able to get in as neither I nor the landlord would have been there to receive him. - okay, so the viewer would have gone away. Sounds like the LL overlooked this viewing considering they've been notifying you otherwise. If you don't want people viewing then tell the LL. If you do then why are you seeing problems.

I've read online about landlords needing to give 24hrs notice about wanting to enter the building, but I'm wondering if the same applies for viewings like this? Is there cause for concern here or am I just looking too much into it? - Yes, the LL only has a right to access if permitted by the tenancy agreement and if reasonable notice is given (usually written, 24hrs). However can invite someone into the property or agree to access sooner / more informally.

Sorry for the huge first post. I'd really appreciate some help to see if I've got cause for concern with any of the above and what I can do about it, if anything, on each of the points. I'm mainly concerned about my deposit as it's unprotected (as far as I know), and I'd hate for the landlord to keep it considering I've left (with his approval and no mention of the deposit) mid-term

Thanks so much in advance!

Adam

You want to terminate early. That requires prospective tenants to view. Sure, the LL could give you 24hours notice but the viewer may not be available at that time and you lose out on a prospective candidate would could have released you from your rent early. Its up to you.. stick to your rights to quiet enjoyment of a place you're not even living in, or do the most economically beneficial thing by doing everything to terminate your rent early.