Landlord didn't protect deposit and now there's a dispute brewing

macman

So, the address for service is merely an accommodation address, and the LL is her, not a UK company. If she is resident in Spain for more than 6m of the year, then yes, it is you as the tenant who is required to register under NRL and deduct the tax due.
Using a UK bank account and address for service does not alter this.
If she's both failed to advise you of this, and to protect the deposit, then she's possibly in breach of numerous other statutory regs. Gas Safety Certificate, Electrical Safety Certificate? Compulsory LL licensing area?
If she is neither UK resident or using a letting agent, then how was normal maintenance arranged?

DE_612183

Baer1982 said:

RAS said:

Stop going on about the repairs.

They are irrelevant.

Got it - I've been outraged at the demands and worried about them so they're probably looming large in my mind, but your comment is reassuring. I'll put this out of my mind 

I take it that it doesn't make a difference if I send my letter before or after the landlord sends me a notice to pay/repair?

No - the repairs are a separate matter from the deposit.

doodling

Hi,

You are in a very good position as the deposit is not protected so if you choose to, you could pursue a claim for 4x the value of the deposit (the return of the deposit plus 3x the deposit as penalty for not protecting it) and would stand a fair chance of winning.

As the landlord has not returned the deposit when asked (you have asked I assume?), denying you the opportunity of using one of the deposit arbitration services, then a court is likely to award towards the upper end of the range (between 1x and 3x) they are obliged to award.

The fact that the inventory was carried out after the new tenant has moved in (check this, you need to be sure) does cast doubt as to whether all the damage claimed for is attributable to you.

You need to go down the list of stuff the landlord is claiming for and assess (1) whether you believe you are responsible, (2) whether it would fall under fair wear and tear (any sort of damage will not, but ageing would) and (3) whether the landlord is claiming betterment.

Once you have a feel for what you believe to be a reasonable sum of money for any damage you may have caused then you need to have a discussion with the landlord, in the context of the possibility that you might sue them for any unreturned deposit plus a further three times the deposit.

Only you know what outcome works for you and your negotiations with the landlord could lead anywhere - you might be happy with just the deposit back minus costs you agree with, you might be happy with the deposit back in full, you might be happy with 2x the deposit back (i.e. your original deposit plus the minimum penalty the court must award if the deposit is not protected) or you might be happy going to court and seeing if you get the whole 4x the deposit.  Note that if you go to court, it is likely that the landlord will counter-claim for the money they say must come out of your deposit and the court will decide if those deductions are reasonable (looking at the evidence from the landlord and yourself).

Baer1982

macman said:

If she is resident in Spain for more than 6m of the year, then yes, it is you as the tenant who is required to register under NRL and deduct the tax due.

Dang. She did tell me she's away in Spain 'a lot' as she's got a property there, but nothing in writing and nothing that she or anyone can point to and say that I should have known she's a non-resident landlord and so should have been withholding tax. 

She gave me a UK bank account number and a UK address to serve notices so that's all I officially know. Am I still liable?

macman said:

If she's both failed to advise you of this, and to protect the deposit, then she's possibly in breach of numerous other statutory regs. Gas Safety Certificate, Electrical Safety Certificate? Compulsory LL licensing area?

Come to think of it, I don't remember receiving any of these. Have just looked through my email again, and nothing over email either. 

Don't know if this matters, but it's not a very old property. New build apartment about 3-4 years old, and only one tenant AFAIK before we moved in. Do all these apply to such a new property? 

Also, if it's a compulsory LL licensing area (don't know if our area is one), is the LL required to inform us that they're licensed, or is it just something that they're required to do to be compliant?

macman said:

If she is neither UK resident or using a letting agent, then how was normal maintenance arranged?

We didn't have any maintenance required in the time we were there. There were some issues with communal spaces in the apartment which the building maintenance company used to attend - presumably part of the annual property maintenance charge. 

RAS

Well, since Brexit, she's either got full Spanish residency, or she's now limited to 90 days in any 180 day period. As several people I know who used to winter in Spain have found.

I think the licensing (assuming you were only one household) might be referred to a "selective licensing" on your council's web-site. Although in Wales either the LL or agent needs a Rent Smart licence.  

Baer1982

doodling said:

Hi,

You are in a very good position as the deposit is not protected so if you choose

Thanks
@d@doodling

I'm going to sleep well for the first time in several days

doodling said:

As the landlord has not returned the deposit when asked (you have asked I assume?), 

I've not asked for it so far as I assumed that some of the repairs were likely to be reasonable and I could get the landlord to get them done and deduct them from the deposit. But based on all the comments here, I'll ask for it now. 

doodling said:

you might be happy with just the deposit back minus costs you agree with

I'd be quite happy to move on with my life if we can agree the repairs that I should reasonably be responsible for, and if the landlord wishes to get it done herself (might be a hassle if I need to go over/send someone over with the new tenants already in) I'd be happy for the reasonably costs to be deducted from the deposit and the balance returned. I'd expect an itemised bill of course and would watch out for any attempts to pad things.

DE_612183

Baer1982 said:

macman said:

If she is resident in Spain for more than 6m of the year, then yes, it is you as the tenant who is required to register under NRL and deduct the tax due.

Dang. She did tell me she's away in Spain 'a lot' as she's got a property there, but nothing in writing and nothing that she or anyone can point to and say that I should have known she's a non-resident landlord and so should have been withholding tax. 

She gave me a UK bank account number and a UK address to serve notices so that's all I officially know. Am I still liable?

macman said:

If she's both failed to advise you of this, and to protect the deposit, then she's possibly in breach of numerous other statutory regs. Gas Safety Certificate, Electrical Safety Certificate? Compulsory LL licensing area?

Come to think of it, I don't remember receiving any of these. Have just looked through my email again, and nothing over email either. 

Don't know if this matters, but it's not a very old property. New build apartment about 3-4 years old, and only one tenant AFAIK before we moved in. Do all these apply to such a new property? 

Also, if it's a compulsory LL licensing area (don't know if our area is one), is the LL required to inform us that they're licensed, or is it just something that they're required to do to be compliant?

macman said:

If she is neither UK resident or using a letting agent, then how was normal maintenance arranged?

We didn't have any maintenance required in the time we were there. There were some issues with communal spaces in the apartment which the building maintenance company used to attend - presumably part of the annual property maintenance charge. 

You must have had a contact number for things like boiler failing etc?
All this sounds like a very amateurish way of being a landlord - getting the money without any of the legal requirements being met.
Did you find the property through an estate agent or a advert in the free-ads?

Olinda99

What are the penalties for not having a gas safety inspection and gas safety certificate? Failure to comply with the Gas Safety Regulations is a serious offence. Being unable to provide a gas safety record is a criminal offence and landlords can be liable for unlimited fines and/or six months of imprisonment.7 Mar 2022

Olinda99

Tenants have a right to receive an EPC when moving into a property.

It is also proposed to increase the penalty for landlords who do not have a valid EPC from £5,000 to £30,000 from 2025.

Baer1982

RAS said:

Well, since Brexit, she's either got full Spanish residency, or she's now limited to 90 days in any 180 day period. As several people I know who used to winter in Spain have found.  

She might have gotten a Spanish visa though. Don't know and don't care, really, but just wondering if she's indeed been a non-resident landlord if there's a way someone can claim I was liable for the NRL deduction despite the only official/written information available to me being a UK bank account and a UK address for serving notices?