worried about landlord

facingthefuture

I moved here last June. The guy asked for 120 a week rent and 500 deposit. No contract at all. I paid all money in to his bank account and have receipts. I have been going to the bank each week and paying over the counter. Anyway, last Saturday night he called me up to say he thought he was missing a weeks rent from a month ago. I told him to check following Monday since the Friday had been a bank holiday of that week.He also asked me had I paid that weeks rent. He has been paid every penny rent due and I told him so.
To be honest I am really cheesed off. When we viewed the house, him and his partner hid (stood in front of)certain problems,eg. the only wardrobe (built in) doesn't slide so much as remains stationary unless you force it. The washing machine door is faulty (you have to lift and bang it) and the bathroom door wouldn't close let alone lock (we fixed this since he kept saying he would come but never turned up).He also said the house had sky, we ended up getting an engineer and the sky guy (cost 150) who told us the oak tree in the back garden had been blocking the reception for years and even resiting the dish didn't work. We would have had to spend another 200 to get a pole put up at end of the garden! (didn't do it)

At 1pm today he turned up again with his son (5) and said he had come to show his son the house!!!!!!!!!!!! I said oh I see and stood outside and didn't invite them in. He then said any mail, I said none but that I would call him if there was any.
There is a house down the street coming up for rent, the guy that owns it is a contractor (his old house) and he asked me would I want to move in. I am seriously tempted even if its a bit extra in rent.

He visited one day last summer when he was sorting out a remortgage.
He also comes to collect his mail (I have to phone him when anything comes) because the post office won't direct it after 2 years.

My husband reckons he has money troubles and will do his best not to give us back our deposit. I would be REALLY upset...so I was thinking, what if I told him when I was moving then not paid him the last instalments of rent in lieu of the deposit. I have never done this before (and been renting years without a problem). In fact my last landlord of a house we lived in 4 years dropped my rent each year saying we were the best tennents he ever had.
My husband also reckons there must be a reason for not moving his post, fraud of some kind. Tax I guess.I find that annoying since every bean we get is totally declared and always has been.

I can't afford to lose the deposit and I (as usual) have spent money on this place (installed a dishwasher).

Please tell me what you think.

A_Nice_Englishman

Well, for a start read about the deposit protection scheme .

Did your landlord give you the required information within 14 days?

facingthefuture

No nothing on paper between us, thats why I'm worried. Also the wardrobe has always been faulty and he did say to me one day "it used to work fine" he also said he thought the washing machine door had been fine. I just see a stitch up coming on...ooh I don't trust him.

silvercar

He also comes to collect his mail (I have to phone him when anything comes) because the post office won't direct it after 2 years.

The post office won't redirect after 2 years. 2 years should be long enough for him to notify anyone he needs of his new address. There is no obligation on you to ring him. Stick it in the post box with his new address on the envelope or, if you are feeling contrary, just write "gone away".

Next time he makes contact ,ask him which deposit scheme he is using to register your deposit.

With holding rent is never a good idea as it puts you in the wrong. With no evidence that he will with hold your deposit and no evidence of tax evasion I wouldn't recomend this.

redcar_2

Do you have an inventory? Do you have a receipt for deposit? If no inventory then it would be very difficult for him to deduct money if you challenged it in the small claims court.

facingthefuture

Nope absolutely nothing! I feel a bit of an idiot but I was desperate to move out of my old house as a 7 year old child that lived nearby and played with my son was saying very sexual things to him and the childs mum (an alco) told me she thought his father was abusing him. One of the other mothers reported the family to ss, but I was terrified of the whole thing and wanted to move well away.This one is on the street were we hope to build soon (site very near)

Oh when he called round today he didn't mention the rent or having found the week he he was worried about last weekend. Huh!
If I see or hear of this man in the next few weeks I will....I dunno, be really peeved.

Doozergirl

The right and proper choice is to request that he registers your deposit now or you take him to court for not registering your deposit. He is legally obliged to do so AND provide you with the details within 14 days. Once your deposit is protected, he won't reasonably be able to withold anything without a signed inventory so you should be able to get it back in full.

Or, you play the same game that he obvously does and withold the rent in lieu of deposit, knowing that he could never reasonably withold a penny in damage to the property without that inventory. Leave a forwarding address to discuss any damage.

Despite not having a proper tenancy agreement, the evidence of you having paid all of your rent will put you legally in the same positionas anyone with a tenancy agreement. You don't have any less rights simply because he is/sounds like a blatant tax dodger.

zebulon

Do you know his address ???
Looks like never gave it to you otherwise you would not have to call so he come and pick up his mail.
And if you do it the proper way, and pay last rent, and wait for him to return deposit, then if he does not give it back (sounds very lickely) you will to go through small claim process - which is going to be difficult if you don;t know his real address... also even if you win the case, who know if you can get the moeny in full straight away (you think he has money problem, he could get to pay in instalment, not very good).
And there is this all deposit not protected issue.

facingthefuture

No you are right, oh I am stupid. I don't know his address but I am pretty sure I could find out. I know where he works....this is a small town. Someone would tell me....hmmm will try to find out just in case.

redcar_2

I don't think you should stop paying the rent, afterall you have agreed to pay this. Given that he is around when he just thinks that you have missed a rent payment I can't see how you are going to be able to withold rent for four weeks to get close to the deposit amount. If he is not doing things by the books then I can't see that he will not make life difficult for you if you do this.

Are you paying the council tax? Surely that would make it difficult for him to be invisible for tax purposes? If things get bad and you do want to drop him in it you can always use the tax hotline to report him but I would keep this one up your sleeve for the moment. If you think he lives locally can you look him up on the electoral roll, or evn just try phone book to start?

chappers

You say you have reciepts for all your rent and deposit payments-that is good
You have no contract, inventory, protected deposit -that is probably to your advantage if you want to just leave . Although there is an implied tenancy it would be hard for him to chase you if you witheld rent in lieu of deposit, he would find it very hard to withold your deposit as there is no inventory and you would be able to hold over him the threat of taking him to court for not protectiing your deposit.
I would be inclined to take the other guy up on his offer providing it is all straight down the line.Tell your landlord you are not going to pay him for the next month, in lieu of your deposit and if he gets funny remind him of the need to protect your deposit and that you could take him to court for three times the deposit, I'm sure you are right and he is not declaring the rent so that will probably shut him up.
I would get a couple of bolts for the back door and change the front door lock as he seems quite fond of just turning up.