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

steampowered

anselld said:

If she does live in Spain it is going to complicate the Court and/or enforcement process though.  Winning is one thing, actually getting your hands on the money is another, at least in the short term.

That issue should be surmountable in this case, because the Op knows exactly where the landlord's assets are: the house!

If Op gets a CCJ and the landlord refuses to pay it, the Op can get a charging order against the property - which would likely get paid by the landlord's mortgage lender.

The Op might also have the landlord's bank account details in which case they can get a court order to take the money from the account.

If the landlord refuses to pay a CCJ that would be a giant hassle - but not too difficult in this particular case.

Bendy_House

As Macman (and Sidney and Titus, possibly others) has said, your ace card is the lack of deposit protection, and your royal flush the lack of gas certs.

I presume you'll be happy with JUST the FULL deposit back, and a narrow escape? Ie, you don't 'want' to take her to the cleaners?  Yes? Good. In which case, as said by others, stop mentioning the repairs! (Because, if you want to be nit-picky, you really should have sorted that door hinge so it didn't become worse. Or informed the LL to do so...)

Start collating your info now - ie write down everything you have told us in this thread, in a summarised, concise and chronological manner, just in case this escalates (which it is EXTREMELY unlikely to do.)

For instance, how certain are you that no Gas Safety Inspection was carried out? This should be 'absolutely', since you'd surely have been aware of the gas person coming to your flat once a year? So you are CLEAR about this, yes? And you never received a copy? 

So, as advised by others, do not communicate other by a recorded means, and - when it's clear the LL is planning to make deductions from/ delaying the return of, your deposit - you reply with that concise message shown before.

EDIT: Perhaps not the best advice I gave before. (Just, 'return it in full, or...') because that could imply blackmail or coersion or summat.
Instead, I think it would be best as something like, "I do not accept your report on the condition I left your property, and wish to challenge it. Could you let me know which deposit protection scheme you used, please, so that I can begin this process." And see what the response is. 

How quickly should a LL return a deposit? I dunno, but if that time has been reached, then send that message right away. (Another current thread suggest they have 6 weeks to sort out returns?! When did YOU leave, OP?)

If her reply involves anything less than a full capitulation, and obviously a 100% deposit return, then you reply stating you will now be taking action under the 'non protection of deposit scheme' (get the correct wording, 'cos I don't know), AND also checking whether any GSIs were ever carried out during your tenancy, and will be in touch.

It is unimaginable that she'd allow that to proceed - she'd have to be nuts. But, if needs be, do it (& get legal advice).

And, once you have your money back, please report her to your Local Authority - DO THIS, because she is an incompetent menace, and possibly a dangerous one.

TripleH

Keep it simple state when you can expect your full deposit back.

If she retorts with damages etc, reply

When can you expect your full deposit back or shall we go to court where I will raise that it wasn't protected and you have failed to comply with your duties as a landlord (no gas safety certificate?).

Do not mention damages, wear etc.

Only mention as part of submission to court that you are aware the checkout inventory was done after other people had moved in to the flat.

One or two line responses to landlord are best. Keep it simple and to the point.

Good luck. 

macman

This really is not rocket science. The OP doesn't need to sue for non-return of the deposit, she simply sends an LBA saying that she will sue for non-protection of deposit.
The former leads to a tedious argument about alleged damages, whereas the latter results in an immediate win for the OP, as all she needs to do is prove non-protection, which she already has. There is no defence for non-protection.
Re the GSC, the OP doesn't have to prove that an inspection never took place. The offence is that the LL never supplied a copy of it at start of tenancy, and the LL would have to prove that she did.
Unless the LL is utterly deranged, there is no way this would need to go to court, as the litany of alleged breaches of statutory requirements by her (plus the possibility of a criminal offence of non-supply of a GSC and maybe tax evasion as well) mean that the OP holds all the winning cards.
A brief LBA by email is all that is required.
Once the deposit is returned, I'd then report the non-supply of a GSC anyway, for the protection of any new tenant.

Baer1982

Titus_Wadd said:

OP promise me that you will never mention repairs and deductions again, if you find yourself typing these words in an email, delete them and rewrite it tomorrow.  

 point noted @Titus_Wadd. I promise 

Titus_Wadd said:

Ask only for the deposit and explain why she should return it in full (or x 2 or 3 if you're feeling assertive).

If she telephones you don't answer, everything in writing gives you a paper-trail to refer back to. 

You have been gas-lighted by this woman and you should be furious that perhaps your flat wasn't safe as no mandatory safety checks were documented let alone done.  You are not being mean to her or causing her to be disappointed that some walls won't get painted, she doesn't deserve a second thought.

Agree - I think (like most people) I'm being considerate to a fault here. Appreciate the pep talk! Will probably start with 3X just to make LL sit up and take notice. 

Then, depending on whether you can be bothered, pass on this info to the poor s0d who moved in after you left, so that they can be forewarned and forearmed. 

I'm inclined to do this, but wary of getting into some sort of trouble for sharing private info? Perhaps best to just let my erstwhile neighbour know what happened, and trust the jungle wireless will carry the warning to the new tenant?

macman

You are perfectly entitled to tell anyone you wish that you did not receive a GSC. It's not private or confidential in any way. Nor is it defamatory if it's true: it's a statement of fact.

Baer1982

No problem getting it to court: the OP would win by default in her absence. But there will be no need to enforce it. Once the LL is issued with an LBA and realises that she cannot defend the non-protection claim, then she should refund the full deposit, unless she is completely clueless (which, given the evidence so far, is more than likely).

@macman how would enforcement typically work here? 

I presume the LBA referred to here is the letter I'm sending her. If she doesn't heed it, I guess the next step would be to go to small claims court? What happens if I win by default and she still can't be bothered to still pay?

Does enforcement in such cases involve bailiffs and other such measures or is it more likely that people pay up realising they're in some deep doo?

Does an unpaid judgement like this impair her credit rating at some point? 

RAS

If she doesn't cough up you sue for the three time penalty (she'd still have to return the deposit in full).  Depending if she can be bothered to defend, it could be quite a lot but less than £10K.

Then go through small claims for a CCJ. If she's got a mortgage that should freak her out sufficiently. 

Baer1982

Bendy_House said:

I presume you'll be happy with JUST the FULL deposit back, and a narrow escape? Ie, you don't 'want' to take her to the cleaners?  Yes? Good. 

Yes, that's all I'm looking for. I'm not doing this to enrich myself so couldn't be bothered to press for the punitive 3X.

Bendy_House said:

How quickly should a LL return a deposit? I dunno, but if that time has been reached, then send that message right away. (Another current thread suggest they have 6 weeks to sort out returns?! When did YOU leave, OP?)

It's been just under 4 weeks since we moved out. I'll check the info on stipulated return times, but 6 weeks seems like a reasonable period.

Also, how important is the electrical safety certificate? I wasn't provided this either. Is that an offence on par with the missing GSC?

Baer1982

steampowered said:

If Op gets a CCJ and the landlord refuses to pay it, the Op can get a charging order against the property - which would likely get paid by the landlord's mortgage lender.

@steampowered Thanks

I had asked a question about how I'd go about enforcing an order, your response anticipated that. Thanks