Landlord Threatens Me With Legal Action After I Dispute The Deposit Deductions

[Deleted User]

My landlord threatened me with eviction unless I vacate the property I have rented for over three years.  They claimed the reason was illegal activity including drug use and drug dealing  I did vacate. The landlord then made deductions slightly greater than my entire deposit - over £1400.   When I questioned this they threatened me with legal action over the allegations of drug use during a party. They also threatened to sue me for an entire year's rent even though they last showed the property to a prospective tenant on the 20th October and, so far as I know, are already renting the property.

The landlord has made numerous threats over the years, in fact, threats have been a defining feature of this tenancy.  Ironically, I have repeatedly complained to the landlord about drug use and dealing at the block of flats and each time the landlord has done nothing and on one occasion threatened me when I suggested contacting the police.

For the record, I do not use drugs, though I sometimes drink alcohol.  I am not aware of drug use during this party, although it is possible there was drug use or perhaps simply talk about drugs.  It is possible, although it was not something I engaged in or was aware of.

The police were called for an incident that occurred in the street outside of the block of flats after a party at my flat.  I was inside the flat at the time and still do not know what happened.  Nothing illegal occurred inside the landlord's property, as far as I am aware, and as far as the police are concerned.  The police entered the flat because one of the people involved in the incident outside, fled back into the flat.  The police then arrested a number of people, including me.  I was later released without charge, caution or even a warning.

I was not reimbursed for vacating the property before the end of the month as had been promised by my landlord.  This promise was made during a phone call - no written proof.

I am not Pablo Escobar. I am a law abiding citizen with, I repeat, NO CRIMINAL RECORD!  From what I can tell, the only "evidence" the landlord possesses, are some emails from a neighbour who has made claims of drug use and dealing inside my flat. I most certainly have never dealt in anything illegal and was not aware of any drug dealing in my flat.

The deductions include:

* Redecorating the entire flat (the paintwork was old when I moved in 3 years ago) for around £900

* £312 for cleaning even though I cleaned the flat thoroughly before moving out and they only found some dust in cupboards (I have photos and video of this)

* £75 labour for "replacing the curtain poles" The curtain poles were in the cupboard and only required placing back into the brackets - a 5 minute job for the 6 curtain poles (I calculated that this equates to something like a £900 per hour salary)

The landlord uses their own maintenance team for all work and these are full time employees.  I mention this because some replies have stated that these kind of callout costs are reasonable; however, there is no callout cost! All this work is performed by the landlord's employed maintenance crew.

I have emailed a numbered list disputing each deduction and the landlord has not discussed any of this. The only responses I receive are threats to sue me for a years rent and threats to take their "evidence" to "the relevant authorities"

Should I back down and not dispute the duduction of my entire deposit?

I fear ending up in crown court with high powered barristers arrayed against me and allegations of drug dealing (All I know about legal matters are from watching TV shows). I also fear being sued for a year's rent (£1300 * 12).

Gycraig

Blank your landlord and just go through the deposit scheme, did you have a year on your tenancy agreement or was you on a rolling contract ? 

newsgroupmonkey_

Have you left the flat yet? Tell the Landlord you will not be leaving and then ask for an S21. Go through the checklist and find out if it's still valid.


Your Landlord is an absolute amateur and clearly doesn't have any idea of the rules. Have a think about this statement.

Your flat is your home.

It is completely irrelevant that you rent and not own. You have full and legal rights to be there. Providing you leave the property more or less as you found it (minus acceptable wear and tear), your deposit is safe. Your landlord cannot evict you without going through the proper process (S21, then apply to courts if you choose not to leave voluntarily).

If you have left, they have illegally evicted you, however, you have gone along with it and accepted it, so sadly, you have few rights left. What you DO have, however, is a tenancy which has now ended. So the Landlord cannot sue you for a tenancy that they ended.

I would indeed request adjudication and would mention that you were kicked out before you had an opportunity to make amends yourself. I would also get some professional advice (as above, Shelter would be a good start). The landlord is having a laugh with "betterment".

[Deleted User]

Gycraig said:

Blank your landlord and just go through the deposit scheme, did you have a year on your tenancy agreement or was you on a rolling contract ? 

I renewed the tenancy a few days before this for a year with a break clause at 6 months.  The date they supplied would be a year from this renewal.

deannagone

1) I am afraid you should not have moved out.  The party was an annoying activity but certainly not an illegal one generally speaking.
2) You need to find out under which deposit protection scheme the deposit was held with, and ask them for your deposit back see https://england.shelter.org.uk/housing_advice/tenancy_deposits for more info. Photos/check in/out reports will help you prove your case.  

I am afraid the LL is stringing you along quite a few lines.  A party in itself is not illegal, they for some strange reason decided to encourage you to leave by offering a refund of rent and then rescinded that promise (was any of this written down?)  Then said they could claim rent for the entire fixed term length if they wanted to!.  What happened is more like a voluntary surrender of the tenancy - did you sign any paperwork or do you have anything written to demonstrate this?  It sounds like both parties agreed to this, so they can NOT claim a year's rent.

However, getting the promised unused rent back would probably mean going to court.  If you decide to do this, will be easier if you have written proof, but whether its worth this is for you to decide.

They should also have sent you details of the deposit protection scheme the deposit wis with, amongst other documents https://lettingaproperty.com/landlord/blog/tenancy-documents-landlord-should-provide-in-2022/ .  Did they do any of this?  They could be in trouble if they didn't..  

Unfortunately it sound like this particular LL used your lack of knowledge of how a tenancy should work to manipulate you.  Although asking you to leave after one bad party still doesn't really make sense unless there was more going on that isn't stated.  

[Deleted User]

newsgroupmonkey_ said:

Have you left the flat yet?

I have.  They made these accusations in an email and as the rent had gone up and I was able to find a place to stay I left without challenging anything.  Also, I just didn't want the aggravation.

They claimed I had breached the tenancy agreement. They also claimed they had witness testimony and CCTV footage showing drug use and drug dealing in the flat and the communal areas. I did not engage in or witness any such activities - though, I cannot be certain whether others there used illegal substances - it's possible I guess. Personally I drink alcohol and sometimes smoke.  Ironically, I have previously made complaints to the landlord about other tenants using drugs in the building - reports which were ignored.

They also added:

"If we do not hear from you or if you fail to enter into any communication with us, then will be forced to notify the relevant authorities and will begin legal action to gain possession of our property."

Given that the police entered the property and released me without charge I'm not sure what the landlord thinks can be done now - weeks later...

But, I am worried about him causing trouble - taking legal action, etc...

[Deleted User]

deannagone said:

they for some strange reason decided to encourage you to leave by offering a refund of rent and then rescinded that promise (was any of this written down?) 

The offer to return rent was made over the phone not in writing.

Suing me for a years rent was not mentioned at any time, it was not mentioned in the email asking me to vacate the property. Only after I had vacated the property, returned the keys and the checkout report was completed and when I queried the deductions, then they made this threat to sue for a years rent.

deannagone

Just read your next post.  I think they are on extremely dodgy ground if they saying they have CCTV of things going on within your property (it is your property whilst you rented it).  Did they have cameras in your property?  Others more experienced in this aspect of things could provide more info.  An initial google found this https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/

If there were no cameras, obviously they are lying and trying to manipulate.  

I have a feeling that means more dodgy legal ground for them.

This LL sounds a complete nightmare.

[Deleted User]

deannagone said:

2) You need to find out under which deposit protection scheme the deposit was held with, and ask them for your deposit back see https://england.shelter.org.uk/housing_advice/tenancy_deposits for more info. Photos/check in/out reports will help you prove your case.  

They should also have sent you details of the deposit protection scheme the deposit wis with, amongst other documents https://lettingaproperty.com/landlord/blog/tenancy-documents-landlord-should-provide-in-2022/ .  Did they do any of this?  They could be in trouble if they didn't..

I do have details of the deposit scheme. It's with mydeposits.co.uk

[Deleted User]

deannagone said:

Just read your next post.  I think they are on extremely dodgy ground if they saying they have CCTV of things going on within your property (it is your property whilst you rented it).  Did they have cameras in your property?  Others more experienced in this aspect of things could provide more info.  An initial google found this https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/

If there were no camera, obviously they are lying and trying to manipulate.  

I have a feeling that means more dodgy legal ground for them.

There are no cameras in the property. I assume that one of the neighbours overheard something or at least has claimed to have heard something - this must be the "witness testimony" they allude to. There is a single camera in the entrance lobby. I certainly did not deal any drugs either at this time or ever in my life! I did not witness anything like this, although, as I said, I've frequently smelt and witnessed neighbours smoking marijuana in and around the flats.

GDB2222

Just a minor comment on the curtain poles. Next time put them back yourself, if it’s a five minute job. If a handyman was called out to do the job, I would expect it to cost something like £75, to cover travel time, etc. 

Good luck with the deposit adjudication, but if the LL has a receipt for the £75 you may lose on that particular point.