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

[Deleted User]

Section62 said:

"Be careful..." isn't a very friendly way to start a sentence.

I can think of many sentences starting with those words that are friendly - "be careful you don't slip on the ice" for one...

[Deleted User]

aoleks said:

How the hell is strangers entering a flat “beyond your control”?

What was beyond my control is what transpired outside of the flat and outside of the building.  That is where some incident, and I still do not know what, occurred.  No incident occurred inside my flat or inside the building.  The flat was quite large and I was wasn't there as a doorman, I didn't guard the front door for the night, people came and went, mostly to smoke outside as it is a non-smoking building, something I always respect.

Some incident occurred outside, that caused the police to be called, while I was otherwise occupied inside the flat.  I did explain this.

[Deleted User]

Section62 said:

"Be careful..." isn't a very friendly way to start a sentence.

"How the hell" on the other hand, is definitely an unfriendly way to start a sentence!

aoleks said:

How the hell is strangers entering a flat “beyond your control”?

[Deleted User]

pinkshoes said:

Ok, then your landlord was not within their right to ask you to leave at the end of the month. 

I would WRITE to the landlord detailing everything.

Dear Landlord,

On X date you emailed me stating that due to excessive noise on one occasion, I needed to leave the property at the end of the month. You then followed this up with a phone call on X date stating that I would be reimbursed any rent after this date.

As a gesture of good will I agreed to your request to end the tenancy early and move out on X date.

I agree to the deduction of £75 for putting the curtain poles back up. I dispute all other charges as the flat was left clean and tidy and reflecting 3 years of fair wear and tear.

I look forward to receiving my deposit back minus the agreed £75, along with £XXX in rent returned for the period after which I moved out at your request.

Having taken legal advice, I am now aware that I did not have to leave at the end of the month as no valid S21 had been issued. I am very disappointed to see you are now wanting to sue me for the remaining 12 months of the contract and renege on our agreement for me to move out asap and all remaining rent repaid. Should you wish to pursue this route, I will require full access to the property for the remainder of the contract that I am paying for, and compensation for all costs for the time period where I was made to leave unnecessarily. 

Best wishes...

Thank you again for the best response so far. This is professional and clear.  I have adapted your template and used it, so thanks again.

I only wish the dialogue with my LL, and indeed on this forum, could have been as measured and professional.

saajan_12

You weren't evicted or threatened, but agreed to leave and in usual negotiations about deposit (from what you've described).

If you already have a new place lined up, then its in your best interest for you to NOT PUSH THE EVICTION ISSUE. Best case for you, is the tenancy continues until a formal eviction - but then could backfire as the rent liability also continues, which is expensive if you're also paying rent elsewere. Instead, argue that the tenancy was mutually terminated on agreement by both parties to leave on X date, get pro rata rent back and deposit return less damages (no reletting costs).

Deleted_User said:

I was recently evicted by my landlord. - no, only a court can evict. You agreed to leave. 

I had lived at the flat for three years without incident.  One night I held a party, which, unfortunately got a little out of hand. Some people I did not know or invite turned up and caused a disturbance, the police were called and eventually left with no charges being made against myself.

I admit that this incident, which was not instigated by me, was unfortunate; however, it was a one off incident - beyond my control.  Not once during the previous three years has there been a single such incident or complaint.  I certainly respect the rights of my neighbours to not be disturbed by excessive noise - until these trouble-makers arrived the gathering was civilised. - well as between you and neighbours or you and LL, visitors to your property are your responsibility. If they were tresspassers / uninvited visitors, then *you* should ask them to leave and call the police to enforce this. 

The landlord asked that I vacate the property before the end of the month and stated that, should I leave early, any excess rent paid would be returned. - this is the key point. Keep reiterating in any communication that you and LL MUTUALLY agreed to the termination, and the terms of that were for XYZ rent to be repaid. 

I recently received the checkout survey and the landlord has made deductions in excess of my deposit of £1400 - they've stated their intention to make deductions. You still have the protection of a deposit scheme. 

I was not reimbursed for vacating the property before the end of the month as had been promised.

The deductions include:

* Redecorating the entire flat (the paintwork was old when I moved in 3 years ago) - were there any damages to the decor in the checkout report / move out pictures? Even if not new, you could be charged the depreciated cost of correcting damages beyond fair wear & tear, but not just general refreshing the property. 

* £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)  - if it was clean and they can't demonstrate any uncleanliness, then challenge 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) - you should really havedone this before leaving. Its not just the 5 min, but once you account for the call out, checking screws etc, it probably would be £50 at least. 

I understand that before I can contact mydeposits.co.uk to adjudicate I have to contact my landlord with a dispute. When I did, the landlord threatened me in an email, claiming falsely that as "illegal activity" occurred at the flat I am liable for rent until the 23rd September 2023 and they can sue me for this. - ignore them, they're just trying to bluff. You can indeed go to the deposit scheme and ask for your full deposit back less any reasonable deductions, if the LL doesn't back down on the unnecessary charges. 

They also claimed that they had done more in not trying to force me to pay rent for the next year than most landlords would have done. - well if you didn't mutually agree to leave, then you would be liable for ongoing rent. Focus on the fact it was a mutual agreement. 

They are already showing the property to potential new tenants although I don't know if it has been rented yet.  - try to find out, as they can't get rent for the property from both of you. Even if they try to argue the teanncy was never terminated, if they take back control and mitigate their losses then they can't claim fu

I was never asked for my side of the story. - not really relevant unless / until it goes to court and that's the ground for eviction. Otherwise its just a mutual agreement to leave. 

Can they sue me for a years rent even though they evicted me? - no one evicted you. They can claim the years rent if you just decided to leave. Your argument here would be that it was a mutual agreement. 

They have CCTV footage of myself and others entering and exiting the building and they have a statement from a neighbour who overheard conversations which allegedly involved discussions of drug use. I have no knowledge of this and did not witness any such activities. The flat is quite large, many people were there during the night and I was drunk. Also I left the property on a number of occasions to buy more alcohol. I will repeat that the police entered the property and after talking to a number of people there including some neighbours determined that no charges would be brought against me. This has not stopped my landlord from making accusations against me of criminal activity. I have no criminal record at all. - You being asleep or not physically holding the drugs doesn't absolve you of responsibility for the property, social disturbance, etc. This is all irrelevant to the tenancy since it isn't going to eviction. 

What should I do? Should I continue to request adjudication from the deposit scheme or should I back down for fear of being taken to court for a years rent or worse?

I'd clearly email them to say that the tenancy was mutually terminated to suit their preference, as agreed with X person on behalf of the LL. 

Separately, respond to their request for deposit deductions, simply asking for proof of the damage beyond fair wear & tear for each of the line items, and state you'll expect the deposit back for anything they can't demonstrate. If you don't get a reasonable response, then go to the deposit scheme. 

macman

jefoster said:

Hey, I hope you don't mind me contacting. My name is Jess. I'm a Casting Producer working on a brand new BBC documentary series about young renters and the housing crisis. We want to hear from young people fighting to stay in their homes this winter, and those who have been threatened with eviction.

We feel like now more than ever, it's an important time for people to have the opportunity to tell their stories!

If you’ve got a story to tell, or for a no obligation chat, please email us at evictions@truenorth.tv

Thank you so much, Jess x

If you'd read the thread, it's quite clear that the OP was not evicted. They were threatened with eviction proceedings for an alleged breach of tenancy, and left entirely voluntarily.
This is a dispute about deposit deductions, nothing to do with evictions.

macman

OP, 90% of what you have posted is irrelevant. You were not evicted, you left voluntarily after the LL alleged a breach of tenancy-no eviction proceedings were commenced. What did or did not take place at the party simply does not matter unless it is evidence to support a breach of tenancy in court-but that ship has sailed, as you already agreed to void the tenancy.  So you might want to change the title of your post. Only a court can evict you-not an LL.
From what you have posted, it is perfectly clear that you and your LL mutually agreed to end the tenancy before the end of the fixed term. If he now alleges otherwise, and that o/s rent to the end of the contractual tenancy is due, then the correct answer is 'go ahead, I'll see you in court'. Yes, of course he can sue you, but he knows perfectly well that it would be thrown out, and is just bluffing.
The only dispute you now have is regarding the alleged damages to the property. Just submit your claim to the deposit scheme and let them deal with it. If he wants the whole property repainting, that is betterment, unless the wear and tear is excessive for the period of tenancy. LL's cannot claim for betterment. 

Section62

macman said:

jefoster said:

Hey, I hope you don't mind me contacting. My name is Jess. I'm a Casting Producer working on a brand new BBC documentary series about young renters and the housing crisis. We want to hear from young people fighting to stay in their homes this winter, and those who have been threatened with eviction.

We feel like now more than ever, it's an important time for people to have the opportunity to tell their stories!

If you’ve got a story to tell, or for a no obligation chat, please email us at evictions@truenorth.tv

Thank you so much, Jess x

If you'd read the thread, it's quite clear that the OP was not evicted. They were threatened with eviction proceedings for an alleged breach of tenancy, and left entirely voluntarily.
This is a dispute about deposit deductions, nothing to do with evictions.

Quite.  I'm surprised this is how the BBC get stories for their documentary series or not.

The OP also makes it clear they would have been leaving the flat anyway due to affordability issues when an employment opportunity "fell through".  The offer from the landlord for a mutual agreement to end the tenancy helped the OP avoid exacerbating their "financially precarious position".

fourmarks

Deleted_User said:

I only wish the dialogue with my LL, and indeed on this forum, could have been as measured and professional.

Speaking of dialogue, how is your dispute with the solicitors dealing with your grandmother's will progressing. You haven't updated that thread since August. Have they finally deigned to converse with you? If not, 11 months is an awfully long time to keep you in perpetual darkness. I do hope you have some good news on that saga to counterbalance the wrongs inflicted upon you in this matter. 

[Deleted User]

fourmarks said:

Speaking of dialogue, how is your dispute with the solicitors dealing with your grandmother's will progressing. You haven't updated that thread since August. Have they finally deigned to converse with you? If not, 11 months is an awfully long time to keep you in perpetual darkness. I do hope you have some good news on that saga to counterbalance the wrongs inflicted upon you in this matter. 

Thank you for your understanding and compassion.  I believe I have been badly treated by this landlord on more than one occasion.

There has been some progress with my grandmother's will, thanks for asking.

I will update that thread.