Should I stay or should I go?

tlc678910

Hi,
I just wanted to reassure you that you are doing nothing wrong.

We rent out our house and rent elsewhere because we had to move for work and I would not treat our tenants how you are being treated. I would not expect our landlord to treat us how you are being treated. Your landlord has been very unprofessional and is now being plain spiteful. The context that you have been a good tenant makes it worse. You can’t play at being a landlord - it is someone’s life you are messing with.

A landlord should know that it can be tough for a tenant to find a new property and that it might be necessary to follow the whole eviction process if you needed the property back as it is only then that a tenant can get help with finding housing.

They should not have made promises to sell their house that they did not know if they could keep. They can’t promise to sell their house until they have vacant possession unless the buyer wants a tenant and the solution to their own mess is not to bully and harass you out. See them for what they are and stay strong.

You sound lovely and will probably rise above it but I would be very tempted to meet his £100 rent rise demand with a summons for your non protected deposit - ask for the max 3x deposit - and let them know that due to needing to find extra money for the rent you are suing for the non protected deposit.

Tlc

Look further into the rent increase to find out if you have to pay it. Read up/contact shelter/see what advice is offered here.

(..and yes for those that are concerned we have consent to let, meet our obligations, use a good (fair) agent and pay our taxes!)

Anna1965

Hello again,

I'd like to say a huge THANK YOU to everyone who gave their time to advise and support me through the jungle that is the house rental system. Had I not had you all to turn to I don't know how I would have coped. You are amazing people doing a fantastic job helping people like me who bob up with a problem.

Things have moved on with rapier speed here. I recently signed a contract for a new rental property which I have from 1st April - everyone involved is happy with this. I have my current house until 7th April but I'll be physically moving on the 1st. I'll also pay rent for the 7 days I'm here, although my LL has still to confirm anything in respect of this.

One problem still exists in that the cheque LL gave me to reimburse my unprotected deposit, bounced. My LL apologised profusely but has done nothing since to rectify the problem. He said he will be coming to inspect the property on 7th April but has refused to answer emails regarding the deposit.

I suspect he's going to nit-pick when he inspects the house - in retaliation for me not leaving on time - paying particular attention as to whether I've replaced the panel in the door that holds the cat flap. I've always kept the house clean and tidy and improved it from when the LL lived in it, but he never sorted out leaking gutters that I reported and kitchen cabinet doors that were falling off due to ageing hinges.

My LL knows that I can take the deposit matter to court to claim it back etc., but by him retaining and possibly using it as a weapon when he inspects the house, is very upsetting.

I'm wondering if I should invite LL to sit down and reach an amicable agreement with me over things so that we can both move on and get on with our lives.

[Deleted User]

No point in a personal meeting. Had many of those myself with a 'difficult' LL and he never kept to a thing he said in the meeting. You are far better doing these things in writing so you have a paper trail.

Just send him a letter before action and insist on cash when he returns the deposit - no more cheques. Point out you can claim 1-3 times the deposit in court.

tlc678910

Hi,
Great to hear that your plans are coming together.

Just let your landlord know that unless your deposit is returned in full in cash you will be suing for its return plus 1-3x penalty in court (and mean it).

You can mentally add returning the deposit in order to serve a section 21 with a cheque that bounced to your evidence for court!

You might feel like claiming for non protected deposit anyway by now. The landlord is now doing exactly what the deposit protection is designed to avoid - coming to inspect when you will have very little power to respond as they hold your money. The scheme was designed to arbitrate fairly in disputes. Keep evidence of the inspection and outcome too as it's all evidence of your landlord avoiding the arbitration scheme.

Tlc

Anna1965

Thanks to both of you for your replies.

LL sent an email yesterday saying he'd been unable to reply due to being away on business. He's just stalling. He states he'll give the money back on 25th March, why he's chosen this date, I don't know. He's also messed up the rent calculations for the 7 additional tenancy days.

I've taken a photo of the returned unpaid cheque, as evidence when I make a claim against him, and will make sure I have a paper trail of communication as well.

You're absolutely right tlc, by the LL not protecting my deposit he's gone against what the scheme was designed for. I'll make sure that I keep evidence of the inspection and outcome.

Thank you again

timeism0ney

Glad to hear that it's all coming together for you, finally. Hope the move went ok (as far as house moves go, ha!) and that your bad luck patch is over. x

JayRitchie

You should claim for the failure to protect your deposit anyway. Its an easy win. Wait until you've left the place to make it a bit less emotional. You'll get a decent lump sum for a simple claim.