Flat without planning permissions

ScottSummersX

user1977 said:

ScottSummersX said:

user1977 said:

I don't think the planning position is relevant, unless it actually resulted in a practical problem for you e.g. enforcement action was taken and you had to leave. I can't see that it's caused you any actual loss.

Well I've lost my deposit so far as the landlord has refused to return it. I broke my lease early due to the impossibility of getting deliveries and the landlord is now saying they won't return my deposit. What I'm trying to understand is if the delivery issues/lack of planning permission could be used in Court to argue misrepresentation on the landlord's part to win back my deposit. 

Surely the deposit being lost is because you've purported to break the lease when you weren't entitled to do so? Or have I misunderstood?

The difficulties with deliveries are just an annoying admin problem. It's no different from, say, those moving into newbuild properties which aren't yet on everybody's databases - it's not a fundamental breach by the landlord of their responsibilities.

Many thanks for your feedback and yes your understanding is correct, I broke the lease because it was difficult to receive deliveries to an unregistered flat. 

Schwarzwald

To me it seems that your reason to break the tenancy was wrong and not in proportion to the minor issue of inconvenience with receiving deliveries, but as the LL apparently acted unlawful in renting out the property without planning permission, sounds as if he has a v weak case to make against you / council.
For you it might just mean a long wait until you get the deposit back

bbat

Sorry, I don't have an answer you want here as never been in this situation. But reading the post there is one thing I'm unclear about. Is your deposit still with the Deposit protection service (or whichever company that was?). So you've raised a dispute and theyre saying they are holding onto it until the councils enforcement has taken place? Or has it already been released to landlord? If they still have it, can you seek further clarification from them about the next steps? They obvs can't hold on to money indefinitely is has to go to one of you or be split between you. 

caprikid1

Obviously if you seek establish the contract was invalid but fail the landlord may chose to chase you for the rest of the rent to complete the contract, be careful what you wish for !. 

ScottSummersX

bbat said:

Sorry, I don't have an answer you want here as never been in this situation. But reading the post there is one thing I'm unclear about. Is your deposit still with the Deposit protection service (or whichever company that was?). So you've raised a dispute and theyre saying they are holding onto it until the councils enforcement has taken place? Or has it already been released to landlord? If they still have it, can you seek further clarification from them about the next steps? They obvs can't hold on to money indefinitely is has to go to one of you or be split between you. 

The deposit is still with the landlord. There are 2 types of deposit, insured and custodial. With the latter, the deposit scheme retains the money. I'm on the former so the landlord holds on to the deposit and just pays a fee to the scheme to insure it. 

ScottSummersX

caprikid1 said:

Obviously if you seek establish the contract was invalid but fail the landlord may chose to chase you for the rest of the rent to complete the contract, be careful what you wish for !. 

Yes that's why I'm trying to look into all possible options, seek legal advice and asked for advice on these forums: taking someone to Court is a big step and there's always a chance it could backfire and you end up paying the person you're trying to get money back from... hence my quest for someone who's been in a similar situation to try to understand what the possible outcome could be  

eddddy

ScottSummersX said:

... hence my quest for someone who's been in a similar situation to try to understand what the possible outcome could be  

Finding somebody who's been in a similar situation won't usually be very helpful for you.

(I might have walked away from a tenancy and successfully claimed my deposit back - because my LL was lazy, incompetent and/or didn't mind losing the money. But your LL might not be lazy or incompetent, and might mind a lot about losing the money.)


So it's probably better to start off by understanding the law.

And then make a judgement about how vigorously your LL will persue you. You probably know your LL's mindset better than anyone here would. So you're probably the best person to judge how much of a fight your LL will put up to get money from you.

NameUnavailable

Sounds like there are a few separate issues here.

1. You broke your contract, this might mean the LL is entitled to retain the deposit. You need to read the contract and terms under which a deposit would not be refundable. Also, read the terms of the insurance.

2. You claim that the LL doesn't have planning consent/permission for the property you were renting. I guess the issue here is whther the property met the legal requirements for letting.

3. Council Tax - as mentioned the council could go after you for unpaid CT (and you would in turn have to go after the LL for the monies paid to him).