Problem Landlord and Return of Deposit

cupcakes78

I've been living in a rented house since April 2007. My original contract was for 12 months and when I first signed up it was through an agency.

My landlord appraoched me at the end of last year and said he had had a disagreement with the agents over a boiler and was no longer using them - that my rent was to be paid directly into his own account. The 12 months have passed and I haven't been presented with a new contract. I've been struggling financially too so have decided to move back in with my parents for a while so I can pay off a few debts and save a little bit of cash.

I wrote to my landlord at the start of May giving notice on the lease. I followed it up with a few phone calls but he wasn't available to speak to so all I could was leave a message on his voicemail. I'm now approaching my move date (next week) and I still haven't spoken to my landlord, nor have I arranged the return of keys. I have sent another letter asking him to contact me and I've continued to leave voicemail messages - he just doesn't answer the phone!

In a bit of a panic I phoned the letting agents to see if they could do anything. They basically told me that they have nothing to with the house/lease anymore so they can't do anything to help. Their job was to find a tenant and that's exactly what they did. They also told me that they had ended the contract with the landlord (not what the LL told me) as they didn't want to be associated with him anymore. My boyfriend has phoned and found out that none of his tenants have managed to get their deposit back.

You are supposed to have a license to hold a tenant's deposit. As far as anyone knows, my landlord does not have this license.

The LL has just under one thousand pounds of mine and I'm terrified that I won't get it back. I need all the cash I can get my hands on at the moment and I refuse to 'forget' that much.

I've spoken to CAB and they suggested going via a solicitor. Unfortunately I earn too much for legal aid and having recently gone through a divorce, don't really want to be (can't really afford) paying legal fees again.

Can anyone offer any advice or help on this one? I feel completely cheated - I had to scrape that deposit together as the divorce left me with absolutely nothing.

Please help.

bobby-boy_2

Hi cupcakes assuming you live in England your deposit should have been lodged in a deposit schemedepending exactly when (in April) you signed the lease. The agent or Landlord should have provided you with the details. You can take the landloerd to the small claims court for the return of the deposit and I believe there is a clause that lets you claim 3 times the deposit if the landlord has not lodged your deposit with one of the schemes. Hope this helps you a little

tbs624

Are you in Scotland or England/Wales?

If your contract started after *6th* April 2007, then your LL should have registered your deposit with one of the 3 schemes (different from licensing ). You obviously have an address for this LL - is it local, and do you know for sure that it is his current address?

Once you have confirmed that it is, you need to write re- stating that you have given notice ( enclose copy of your original) but have had no response. Say that you need to make checking-out arrangements, and would like him to confirm within 5 working days where your deposit is being held.

If you are in England/Wales, as the poster above says, he can be fined 3 x time she amount of your original deposit and ordered to return to initial amoun to you. You will need to pursue this through the courts, but you can get free help on this from the Private Sector Team (Tenancy Relations Officer) based in the Council's housing dept. You can also get free help from Shelter's advice line : 0800 0808 4444. Shelter and the TRO can help you with the wording of the letters.Your LL cannot simply withhold your deposit. Have a look back through this board and you'll see plenty of helpful advice too ( search box up at top right)

cupcakes78

Thanks bobby-boy - I do live in England and my landlord doesn't have my deposit in a scheme. I spoke to the agents and they told me that he was given the deposit and one of the reasons they cut ties is because he wouldn't play by the rules. Although, saying that, a couple of days before I was due to move in (28th) I had a new contract through the post because a change in the law. Could these two things be connected?

eira

1) Contact Shelter for advice
2) As I understand it as long as you have the keys you can be charged rent, a really crooked landlord will avoid the return of the keys. You get an address/ put the keys in an envelope, send registered post, and keep the proof of delivery.That lets you off the hook there.And print off the proof of delivery you'll get from the Mail website.
3)Ensure you have the meters read now and contact the utility companies-by phone- and confirm readings by fax or e-mail (better still) followed by a letter.TAKE THE REGISTRATION NO of the meter you read (my daughter's ex landlord had a meter scam on the go)
4) Clean the place thoroughly, take photographs of everything -and I mean everything-all furniture./ fittings etc with a camera/phone that has a date and timer on it.Preferable do this with someone who has a position of authority (think someone who can sign a passport etc) ie a reliable witness.
5) Do this (this is your court back up file)-but return the keys first along with the letter notifying him of the end of tenancy and requesting a return of the bond. But do the above steps next before he has time to plan the next evasion.
6)Ring your local council and ask to speak to the landlord section-they have officers who deal with landlords like these.
7) If all else fails you'll have to go the Small Claims route -and you'll already have a file to back you up.As a landlord he obviously has the means to pay-although my daughter's landlord pleaded he couldn't afford payment and offered 5p a week !This from a man who owns a huge sports shop and several properties.!

The likely defence is that you kept the keys so were liable for rent/you smashed the place up/made it so dirty that he had to get an army of specialised cleaners in.

The above comes from a particularly scummy landlord of my daughter's who made several thousand on the side from retaining student bonds. The meter and key scam came from landlord no 2, they both tried the cleaning/damage tack.

Good luck

terryw

tbs624 wrote: »

Are you in Scotland or England/Wales?

If your contract started after *6th* April 2007, then your LL should have registered your deposit with one of the 3 schemes (different from licensing ). You obviously have an address for this LL - is it local, and do you know for sure that it is his current address?

Once you have confirmed that it is, you need to write re- stating that you have given notice ( enclose copy of your original) but have had no response. Say that you need to make checking-out arrangements, and would like him to confirm within 5 working days where your deposit is being held.

If you are in England/Wales, as the poster above says, he can be fined 3 x time she amount of your original deposit and ordered to return to initial amoun to you. You will need to pursue this through the courts, but you can get free help on this from the Private Sector Team (Tenancy Relations Officer) based in the Council's housing dept. You can also get free help from Shelter's advice line : 0800 0808 4444. Shelter and the TRO can help you with the wording of the letters.Your LL cannot simply withhold your deposit. Have a look back through this board and you'll see plenty of helpful advice too ( search box up at top right)

Good advice here. Just a thought but if the tenancy started after 6 April, and you paid the deposit to the agent, then it worth pursuing them as well as they should have paid the deposit into a scheme.

terryw

cupcakes78

tbs624 wrote: »

Are you in Scotland or England/Wales?

If your contract started after *6th* April 2007, then your LL should have registered your deposit with one of the 3 schemes (different from licensing ). You obviously have an address for this LL - is it local, and do you know for sure that it is his current address?

Once you have confirmed that it is, you need to write re- stating that you have given notice ( enclose copy of your original) but have had no response. Say that you need to make checking-out arrangements, and would like him to confirm within 5 working days where your deposit is being held.

If you are in England/Wales, as the poster above says, he can be fined 3 x time she amount of your original deposit and ordered to return to initial amoun to you. You will need to pursue this through the courts, but you can get free help on this from the Private Sector Team (Tenancy Relations Officer) based in the Council's housing dept. You can also get free help from Shelter's advice line : 0800 0808 4444. Shelter and the TRO can help you with the wording of the letters.Your LL cannot simply withhold your deposit. Have a look back through this board and you'll see plenty of helpful advice too ( search box up at top right)

My contract started on 28th April so after the changes to the law. I can only assume at the moment that he is at the same address. The fact that every time I try and phone him or leave a message and he completely ignores me that he's received my notice. I might drive past his house later and see if his car is in the drive (obviously wouldn't stop or confront him in anyway).

The information about the courts is really helpful - thank you both. The 3x deposit owed would cover any legal fees incurred by taking him to small claims court.

bobby-boy_2

Hi Cupcakes Tenants deposit shemes TDS are not my speciality as I am in Scotland and they do not apply yet. If he sent you a contract on 28th April 2007 it may have been because of the new rules but if you signed that one then its a new lease signed after 6th April 2007 so the deposit SHOULD have been lodged with a TDS. I would follow eira's advice and also get the letting agent to put in written why they severed the conection with the LA if possible all good stuff for your small claims.

tbs624

cupcakes78 wrote: »

My contract started on 28th April so after the changes to the law. I can only assume at the moment that he is at the same address. The fact that every time I try and phone him or leave a message and he completely ignores me that he's received my notice. I might drive past his house later and see if his car is in the drive (obviously wouldn't stop or confront him in anyway).

The information about the courts is really helpful - thank you both. The 3x deposit owed would cover any legal fees incurred by taking him to small claims court.

You don't *have* to have a solicitor for the small claims court - the procedure is quite straightforward, especially if you are meticulous with your prep. paperwork. You can even post back on here, stage by stage, for suggestions ( but do get legally qualified help for any areas you're really not sure on. As the legislation is all pretty new, the first batch of cases are coming through the courts now, so it maybe that you can persuade a local law centre to take your case on as a test one? Also have a look on www.LandlordZone.co.uk - the forums also have plenty of useful help (for, and from, both tenants & LLs)

Edit: When and if you have to write your LBA (Letter Before Action) you also put in that you will be claiming your court fees, travel costs etc Useful info here http://england.shelter.org.uk/advice/advice-3007.cfm#wipLive-9002-2

eira

Double check that he is registered at the address you've checked (maybe via the Electoral Roll) If correct send the keys there-but do it via the mail so that there is iron clad proof that he got the keys back and the tenancy ended.

If it goes to Small Claims the bet is that he will claim you've damaged the place-hence the photographs and the meter reading. Ring the Council Housing department , speak to one of their officers -they will know if the landlord is known to them. And double check that there is the correct licensing/maintenance for the gas and electric.Take photos of any dodgy fittings. When you move out have your boyfriend there (and preferable one other person) to witness the state of the place. Some of these landlords have a string of 'specialist' witnesses.

Loretta

Check with the TDS schems to to see if any of them have your deposit, if they don't nothing else matters as he is in the wrong and should not have accepted rent. So you would be claiming for the return of the deposit, then 3 x te deposit and the return of all your rent becuase he did not put your deposit in a scheme.

Check with the council private letting department and get thme to put all the rules in writing and when you send you next letter you can enclose a copy, he may then think it easier to give your deposit back straight away!