Landlord - Untouchable.

Turmeric

My Son moved out into his first flat a studio flat in poor condition lots of repairs were needed to be done like the oven didn't work no hot water main light switch to the room was broke the switch was actually on the floor. After he told me about all the repairs that was still not done I went to the Offices and asked them to do the repairs and then they were all done. Son lived there for about a year. The condition of the flats showed in the rent £300 a month. Son never missed a payment for his rent for he paid by direct debit. He was a very good tenant. Last year Covid year as you will all remember to go into banks you had queue for a very long time, and most banks were open only 10am to 2pm as my Son works it was impossible to go to the bank. Eventually after he left his flat and moved out he then got on-line banking it was then he found out that he was still direst debit of £300 each month for SEVEN months he asked the Landlord for his money back  he told my Son he would look into it and get back to him.  He didn't. The only contact then was the  maintenance man. The maintenance man became like a go between and told the Landlord that he was a "Good Tenant, was never any trouble," Still nothing happened. Then my Son told me and I went to the Offices and was given the maintenance man who was there gave me an email address. I sent an email to what I thought was the Landlord but when I got no reply I went back to the Offices and was told by the maintenance man, "I am not allowed to give you a direct email to the Landlord nor am I allowed to give you his name I got into trouble last time I did, so I will forward to him your email, ok," I replied "Ok." I waited nothing happened, I rang the maintenance man and he said "I have forwarded your email." My first email was sent 19th May 2021 the Landlord has not contacted me or my Son. Now if it was the other way round and he had not paid his rent for SEVEN months to you think the Landlord would have done nothing? No he would have got the bailiff's round in a heartbeat! It makes me wonder how many other venerable  adults are paying money to this Landlord and are also unable to get their money back? The flat my son lived at TWO rents was been taken from the same address, my Son's and the tenant that moved in after him. Can you help for £2,100 is a lot of money. Thank you. T       

hazyjo

Are you saying he didn't notice £300pm leaving his account for 7 months?

In what way is he vulnerable? 

Write (pen and paper) with a deadline for payment, then maybe go through small claims court?

dimbo61

What did it say on the tenancy agreement.
When you say office are you talking about Letting agents ?
How long was the tenancy ?
Did your son move out after serving notice ?
He needs to serve a letter before action and sue the landlord

elsien

What makes your son a vulnerable adult? Does he have a disability of some sort? The landlord or anyone else should not be talking to you without his written consent as any contracts are with him and not with you. 

How did he find the flat, was it via an agent?  The first bit about the repairs is academic, as they are not relevant to his situation although it does beg the question as to why he took on such a poorly maintained flat in the first place.

However he should have had a tenancy agreement with the landlords contact address on - does he have that? 

Is the landlord the owner of the flat, as if so you can get the details from the land registry and follow up with small claims court. He needs to do a letter before action first.

Did he not notice that he was short £300 every month - pretty sure I would have. 

If he’s working and living independently he really should be doing this sorting out for himself. All part of being an adult. 

TBG01

And your son didn't just hit 'cancel' on the direct debit why?

Slithery

If it was indeed paid by direct debit (not standing order) then he simply just tells his bank to recall the payments. No contact with the landlord is needed.

http://www.directdebit.co.uk/DirectDebitExplained/Pages/Howtoclaim.aspx

TBagpuss

Yes, the landlord should have returned the money but equally, your son should have made sure he cancelled  the direct debit - he could have done this using online banking, or by writing to the bank so Covid queues shouldn't have made any difference. 

Now, he needs to send a letter before action, to the landlord, at the address shown in hos tenancy agreement for serving notices. Then apply through the small claims process. 

This assumes that he gave correct notice to the landlord. 

IF he doesn't still have his original tenancy agreement or if he wasn't given the landlord's address then he should download copies of the title deeds for the flat, which should show who the owner is, and the address they provided to the land registry, - assuming that that is the landlord, send the letter before actin to that address and also to the landlord care of the letting agency. 

theoretica

Slithery said:

If it was paid by direct debit and not standing order then he just asks his bank to recall the payments. No contact with the landlord is needed.

http://www.directdebit.co.uk/DirectDebitExplained/Pages/Howtoclaim.aspx

This.  For some reason on my system the link only shows up in the quote!  The direct debit was taken in error - the bank should refund it.

Jenni_D

theoretica said:

Slithery said:

If it was paid by direct debit and not standing order then he just asks his bank to recall the payments. No contact with the landlord is needed.

http://www.directdebit.co.uk/DirectDebitExplained/Pages/Howtoclaim.aspx

This.  For some reason on my system the link only shows up in the quote!  The direct debit was taken in error - the bank should refund it.

Exactly ... a direct debit is under the "control" of the recipient, so they request the amount and the bank pays it. I somewhat suspect though that this was a standing order rather than a direct debit - the OP would not be the first to confuse them.

Turmeric

hazyjo said:

Are you saying he didn't notice £300pm leaving his account for 7 months?

In what way is he vulnerable? 

Write (pen and paper) with a deadline for payment, then maybe go through small claims court?

Hi he did not have on-line banking so he didn't know. His letters are unopened from the bank. I did do a deadline of 7 days but that was to the Accountant. There was no reply so I rang the M. Man who said he would forward to the Landlord. The Landlord has not replied to me or my Son.  In the second email I then gave another 7 days but nothing. The Landlord has ignored us both.     

Turmeric

dimbo61 said:

What did it say on the tenancy agreement.
When you say office are you talking about Letting agents ?
How long was the tenancy ?
Did your son move out after serving notice ?
He needs to serve a letter before action and sue the landlord

Hi ,Yes Son gave a month's notice. No it's not a letting agent. the Offices is nothing to do with the actual Landlord it's just a point of contact to the M. Man.